Will Requirements

The requirements for a valid will include:

  • The will must be signed by the testator or by someone else in the testator's presence and by their direction

  • The testator must make or acknowledge their signature in the presence of two or more attesting witnesses

  • Two or more of the attesting witnesses must subscribe (sign) the will in the presence of the testator

These requirements may be met if the will is executed using an electronic means of communication, such as a video conference. In this case, at least one of the witnesses must be a practicing lawyer who is a member of the Law Society of New Brunswick.

For members of the Canadian Forces, mariners, and seamen who may make a will without the need for witnesses, as long as it is made in writing and signed by the testator or by someone else in their presence and by their direction.

A testator may make a valid will wholly by their own handwriting and signature, without the need for witnesses.

As long as the testator's intention to give effect to the writing as their will is apparent, the will is valid. The signature may be placed at, after, following, under, beside, or opposite the end of the will, and may even appear on a separate page.

NB Wills Act s.3-7