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New Brunswick questions, explained.

Plain-language questions and answers about New Brunswick law.

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Wills & EstatesUpdated October 2026

Can an executor refuse to act in New Brunswick?

A named executor can renounce probate in New Brunswick by filing a renunciation, but what happens if you have already started acting depends on the…

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FamilyUpdated October 2026

Can I move out of New Brunswick with my child after separation?

You usually need to give written notice at least 60 days ahead, and you may need the other parent's agreement or a court order if they object.

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FamilyUpdated October 2026

Can my spouse stop a divorce in New Brunswick by refusing to sign?

No, your spouse's signature is not required; a divorce can proceed on one spouse's petition once you have lived separate and apart for one year.

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Wills & EstatesUpdated October 2026

How much is the probate fee in New Brunswick?

In New Brunswick, probate tax is $200 up to $20,000, $200 plus $5 per $1,000 over $20,000 to $100,000, then $600 plus $15 per $1,000 over $100,000.

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FamilyUpdated October 2026

Is a separation agreement legally binding in New Brunswick?

Yes, a separation agreement is generally binding in New Brunswick if it is in writing, signed and witnessed, though a court can set parts of it aside.

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Real EstateUpdated October 2026

Is the New Brunswick transfer tax based on the purchase price or the assessed value?

New Brunswick's 1% transfer tax is based on the greater of the purchase price or the assessed value, so a low price does not lower the tax.

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Real EstateUpdated October 2026

What does a real estate lawyer do when you buy a home in New Brunswick?

A New Brunswick real estate lawyer handles the legal steps of your purchase, including registering the deed and mortgage, which only subscriber…

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Wills & EstatesUpdated October 2026

What happens if someone dies without a will in New Brunswick?

If someone dies without a will in New Brunswick, the Probate Court appoints an administrator and the Devolution of Estates Act decides who inherits.

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FamilyUpdated October 2026

What is the difference between custody and decision-making responsibility under the New Brunswick Family Law Act?

Custody and access are now called decision-making responsibility and parenting time in the New Brunswick Family Law Act, each with its own meaning.

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Wills & EstatesUpdated October 2026

What is the difference between Letters Probate and Letters of Administration in New Brunswick?

Letters Probate are granted on a will and confirm the executor's authority; Letters of Administration are granted when there is no valid will.

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