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The law governing wills in New Brunswick is receiving some updates.
Attorney General Robert McKee laid out the contents of proposed amendments in the legislature earlier this week.
“The Wills Act has not kept up with changes in families, assets and society over time,” McKee said.
He said the amendments will make the law clearer, fairer and easier to understand.
The proposed changes are:
Common-law partners would be treated the same as married spouses.
The minimum age to make a will would be lowered to 16 from 19, allowing young people with assets to plan for the future.
A judge could allow a gift to someone who witnessed the will if it is clearly what the person intended and there was no undue influence.
A single rule would determine what happens if a gift in a will cannot take effect.
Getting married would no longer potentially revoke an existing will.
When a relationship ends, or when spouses separate, any gift to a former or separated spouse or former partner would be revoked unless the will or an agreement states otherwise.
Judges would have more flexibility to consider additional information to interpret what someone meant in his or her will.
Older legal rules that caused confusion would be removed to make the law clearer.
The same rule that applies to land with a mortgage would apply to other property, such as vehicles, ensuring fairness and consistency.
“Together these amendments would modernize the Wills Act, simplify the law and strengthen the ability of families and courts to respect people’s final wishes,” McKee said. “They would balance flexibility with safeguards against the undue influence and they would bring our laws into step with contemporary needs.”
Progressive Conservative MLA Bill Oliver said the Wills Act had long been in need of a refresh.
“Reflecting on the modern realities certainly is something that we should be looking forward to doing,” Oliver said.
Oliver did question the timing of the proposal, though.
“Why in the midst of an affordability crisis gripping New Brunswick, this government has chosen to prioritize tinkering with testamentary law over attacking the kitchen table issues that keep families up at night,” he said.