New Brunswick Intestacy Calculator: Dying Without a Will
Calculate estate distribution in New Brunswick under the Devolution of Estates Act. See who inherits with NB's Atlantic formula.
Your Situation
Federal Indian Act rules apply instead of provincial laws
New Brunswick Rules:
• Preferential amount: $50,000
• Common-law recognized: Yes (3 years)
Devolution of Estates Act, R.S.N.B. 2016, c. 124
Total Estate Value
$500,000
Number of Beneficiaries
3
Province
New Brunswick
Distribution Breakdown
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Who Inherits Your Estate
| Beneficiary | Relationship | Share % | Amount | Notes |
|---|---|---|---|---|
| Surviving Spouse | Spouse | 40.0% | $199,985 | Preferential $50,000 + 33% of remainder |
| Child 1 | Child | 30.0% | $150,008 | Share of 67% remainder divided equally |
| Child 2 | Child | 30.0% | $150,008 | Share of 67% remainder divided equally |
How the Distribution is Calculated
New Brunswick Intestacy Formula:
1. Spouse receives preferential amount: $50,000
2. Remainder: $500,000 - $50,000 = $450,000
3. Spouse receives 33% of remainder: $149,985
4. Spouse total: $50,000 + $149,985 = $199,985
5. Children split 67% of remainder: $300,015 ÷ 2 = $150,008 each
Legislation: Devolution of Estates Act, R.S.N.B. 2016, c. 124
About New Brunswick Intestacy Laws
Preferential Share
$50,000
Spouse's first inheritance
Common-law Status
Common-law partners recognized after 3 years of continuous cohabitation
Recognition threshold
Distribution Split
Spouse receives first $50,000, then 50% with one child or 1/3 with multiple children.
Between spouse & children
Overview
New Brunswick's intestacy laws are governed by the Devolution of Estates Act (R.S.N.B. 2016, c. 124). New Brunswick follows the Atlantic Canada pattern with a sliding-scale distribution formula that adjusts based on the number of children. The preferential share is $50,000, the same as Nova Scotia, Prince Edward Island, and Nunavut. After this amount, distribution depends on whether there is one child or multiple children. With one child, the remainder splits 50/50. With two or more children, the spouse receives 1/3 of the remainder and children share 2/3 equally.
Key Intestacy Rules
- •Preferential share of $50,000
- •Common-law partners recognized after 3 years
- •Distribution varies: 50% with one child, 1/3 with multiple
- •Uses Atlantic Canada sliding-scale formula
- •Stepchildren do NOT inherit unless adopted
- •All children inherit equally
Distribution Rules
New Brunswick's distribution hierarchy: First, the married spouse or common-law partner (after 3 years) receives the first $50,000. Then, if there is one child, the remainder is split 50/50 between spouse and child. If there are multiple children, the spouse receives 1/3 of the remainder and children share 2/3 equally. If there's no spouse, children inherit everything equally. If no descendants, parents take the entire estate. If no parents, siblings share equally. Then more distant relatives in order of proximity. Finally, if no heirs exist, the estate goes to the New Brunswick government. This Atlantic formula recognizes that a spouse with one child has different needs than a spouse with multiple children.
Common-law Partner Recognition
New Brunswick recognizes common-law partners after three continuous years of cohabitation in a conjugal relationship. This is defined in the Family Services Act and related legislation. The three-year requirement is longer than neighboring Nova Scotia (2 years) and matches Ontario, Alberta, and Manitoba (though Manitoba has an exception for relationships with children). New Brunswick treats common-law partners identically to married spouses for intestacy purposes once the three-year threshold is met. If your relationship is under 3 years, your partner will NOT inherit unless you have a will naming them.
Special Considerations
New Brunswick's system includes these key features: (1) The sliding-scale distribution (50/50 with one child, 33/67 with multiple) is shared with other Atlantic provinces. (2) Stepchildren do NOT inherit unless legally adopted. (3) Adopted children have full inheritance rights identical to biological children. (4) Half-siblings inherit equally with full siblings. (5) New Brunswick uses "per stirpes" distribution where grandchildren inherit their deceased parent's share. (6) The Public Trustee acts as administrator for estates with no heirs. (7) Indigenous people with Indian status dying on reserve land are subject to federal Indian Act provisions, not provincial law. (8) The Devolution of Estates Act is relatively old and there have been discussions about modernization, though no reforms have been enacted as of 2025.
Unique Features
- ✓New Brunswick uses the Atlantic formula with sliding scale based on number of children
- ✓With one child: spouse gets 50% of remainder; with multiple children: only 1/3
- ✓Common-law recognition requires 3 years, longer than neighboring NS (2 years)
- ✓The Devolution of Estates Act is one of the older succession statutes in Canada
- ✓Shares similarities with Nova Scotia but has distinct provisions
Governing Legislation
Devolution of Estates Act, R.S.N.B. 2016, c. 124
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Frequently Asked Questions
About This Calculator
When a Canadian dies without a valid will, they die "intestate." This intestate succession calculator shows exactly how your estate would be distributed according to Canadian provincial laws if you die without a will. Understanding intestacy laws is crucial for estate planning because provincial legislation determines who inherits your assets—often in ways that don't align with your wishes. Each Canadian province has different intestate succession rules, and the differences can be dramatic. For example, Ontario's Succession Law Reform Act gives a surviving spouse a $350,000 preferential share before children inherit, while Manitoba's threshold is only $50,000. Quebec operates under civil law and does NOT recognize common-law partners at all for intestate succession—only legally married spouses inherit automatically. Our free intestate succession calculator models all 10 provinces' intestacy laws and shows you the exact distribution based on your family situation. You can compare how different provinces treat estates, see how common-law relationships affect inheritance, and understand why having a will is essential. The calculator handles complex scenarios including multiple children, parents, siblings, and extended family, applying the correct provincial formulas to show who inherits what percentage and dollar amount. The results may surprise you. Did you know that in Quebec, your spouse only gets 1/3 of your estate if you have children? Or that in most provinces, your common-law partner must have lived with you for 2-3 years to inherit? Without a will, you have NO CONTROL over who receives your assets—provincial law decides for you. This calculator demonstrates the urgent importance of estate planning and creating a legally valid will that reflects your true wishes.
Key Features
- Calculate intestate distribution for all 10 Canadian provinces
- Model any family situation: spouse, children, parents, siblings
- See exact dollar amounts each beneficiary would receive
- Visual pie chart showing distribution percentages
- Provincial comparison mode to see how rules differ
- Common-law partner recognition by province
- Step-by-step math explanation of intestacy formulas
- Warning alerts for surprising outcomes
When to Use This Calculator
- Understanding who inherits if you die without a will
- Comparing intestate distribution vs your desired distribution
- Learning how common-law relationships affect inheritance
- Seeing how different provinces treat estates differently
- Educating family members about importance of estate planning
- Estate planning preparation before meeting with lawyer
- Teaching children about Canadian succession law