Common-law partners will receive same treatment as married spouses
The New Brunswick Department of Justice and Public Safety has announced that proposed amendments to its Wills Act, 1973, seek to modernize the legislation to meet the needs of New Brunswickers and reflect the realities of today’s families.
“I encourage all eligible New Brunswickers to make a will or review their existing one,” said Robert McKee, New Brunswick’s justice minister and attorney general and the bill’s sponsor, in a news release from the justice department.
“Having a will provides peace of mind for you and your loved ones,” McKee added. “It’s one of the simplest ways to make sure your wishes are respected.”
According to information regarding the 61st provincial legislature’s second session, McKee introduced Bill No. 13, An Act to Amend the Wills Act, which underwent its first reading on Oct. 28. The next day, the legislature debated the bill, which passed its second reading.
Under the bill in its current state, the contemplated changes would:
- Treat common-law partners, or an unmarried couple cohabiting continuously in a conjugal relationship for at least two years, the same as married spouses
- Lower the minimum age to 16 from 19 for somebody with the required mental capacity to make, alter, or revoke a will, which will help young people with assets prepare for their futures
- Enable judges to allow a gift to a person who witnessed the will if the gifter clearly intended such and faced no undue influence
- Make a single rule determine what will transpire if a gift in a will cannot take effect
- Remove marriage as a potential basis to revoke an existing will
- Revoke any gift to a former or separated spouse or former partner in the event of a relationship ending or a separation, unless the will or an agreement provides otherwise
- Give judges more flexibility to consider additional information to interpret what the testator meant in the will, including evidence regarding the words’ or expressions’ meaning, the provisions’ meaning in light of the testator’s circumstances when making the will, and the testamentary intent regarding the will’s matters
- Remove confusing legal rules to ensure that the legislation is clear
- Apply the same rule applicable to land with a mortgage to vehicles and other property to promote fairness and consistency
In the justice department’s news release, McKee called these practical and commonsense amendments.
Goals of changes
According to McKee, the planned amendments aim to update portions of the legislation that fail to reflect contemporary family structures or current realities, while permitting people to arrive at clear and thoughtful decisions regarding their possessions.
“The proposed amendments to the Wills Act make the law clearer, fairer and easier to understand,” McKee said. “They will help people plan with confidence, knowing their wishes will be respected and their families will be protected.”
