Effect of Marriage on Will

A person who has made a will and then gets married nullifies their previous will if they die before making a new will, the estate of the individual will be distributed as an intestate.

However, a person who is named as a beneficiary in the will but will not receive anything under intestacy laws can ask the court to enforce the provisions of the will within four months of the person's death.

The court may order that the provisions of the will be carried out if it can be done without harming someone who would receive a share of the estate under intestacy laws.

If a court order is made, the court may consider the interests of the person who would have received a share of the estate under intestacy laws and who is also named as a beneficiary in the will. However, if that person still receives what they would have received under the will even after the court order, then the court may not consider that person to have suffered undue harm.

The above does not apply in cases where the will states that it was made in contemplation of marriage, or where the will was created to appoint property that would not pass to the deceased's heirs, executors, or administrators under intestacy laws.

NB Wills Act s.15.1