Can a Beneficiary See a Copy of the Will in New Brunswick?

Being named in a will, or suspecting you are, does not automatically put a copy in your hands. Many people wait weeks without hearing from the executor and do not know whether they are entitled to ask.

This article explains the tools the New Brunswick Probate Court rules provide when you want to see the will or learn more about an estate. It does not cover every situation, and the answer can depend on your relationship to the deceased.

This article covers the law of New Brunswick.

Start by asking the executor

The simplest route is a polite written request to the executor. The executor is the person who holds authority over the estate, and the deceased's property vests in that person on death. Letters Probate officially recognize the executor's authority.

Explain who you are, how you are connected to the deceased, and that you would like a copy of the will. Keep a record of the date you asked and any reply.

When the will has not been brought forward

If a named executor fails to bring in a will, an interested person may seek a citation requiring the executor to accept or refuse probate. No such citation issues until seven days after the testator's death.

Persons may also be ordered to deposit a will in their possession. This can matter where a relative, friend or other person is holding the original and not producing it.

A named executor may also renounce. Renunciation is made by filing a renunciation in Form 2AA or 2BB and an affidavit of execution with the clerk, and the executor's rights then wholly cease.

Information about the estate once it is under way

Probate applications are made to the probate office for the judicial district where the deceased lived or where their property was located, and the Court's FAQ says to apply through the Clerk of the Probate Court. Proof of a will includes an affidavit of a subscribing witness in Form 2I or 2J, or Form 2K for a holograph will.

The Court charges $10 for a search into proceedings. Whether a particular document can be searched or copied depends on the file, so ask the Clerk of the Probate Court what is available.

Beyond the will itself, an interested person may ask the Court for an order requiring an executor, administrator or trustee to deliver a sworn, detailed inventory of assets and values. An executor need only provide an inventory unless an interested person or creditor requests an account. Any interested person may apply for a citation ordering the executor to pass accounts, and notice goes to each interested person.

Going further if you are not satisfied

• If you are worried about the grant, you can lodge a caveat with the Registrar or a probate office clerk.
• On passing accounts, the Court may make a full inquiry into the whole property of the deceased, and may order damages where misconduct or neglect caused loss.
• A court may remove a trustee in listed circumstances, and the Trustees Act applies to personal representatives only for compensation and accounts, or where a will creates a trust.
• If the will creates a trust, a report to qualified beneficiaries within 60 days after each fiscal period applies to trustees.

Whether you are a beneficiary, a relative who would inherit on intestacy, or a dependant affects which of these routes are open to you.

What to do next

• Write to the executor and ask for a copy of the will.
• Note the date of death, as some claims have four-month limits.
• Ask the Clerk of the Probate Court whether an application has been filed and what you can see.
• Collect proof of your relationship to the deceased.
• Ask a lawyer about a citation, an inventory request or other court steps if you get no answer.

Frequently asked questions