Best Funeral Rights Resource for Common-Law Partners in New Brunswick
If your common-law partner has died in New Brunswick and you need to know your legal standing for funeral decisions, here is the direct answer: you likely have no automatic statutory authority. Under the Devolution of Estates Act, common-law partners are not granted the same inheritance or funeral direction rights as legally married spouses. A partner of twenty years can be overridden by the deceased's estranged adult child. The best resource for this situation is one that explains your actual legal position honestly, identifies the narrow pathways you do have, and gives you specific steps to take before the biological family assumes full control.
This is the single most dangerous gap in New Brunswick funeral consumer protection, and the one that generic government resources handle worst.
Why Common-Law Partners Are Uniquely Vulnerable
New Brunswick relies on common law principles — not a comprehensive statutory priority list — to determine who controls funeral arrangements. The hierarchy works like this:
- Executor named in the will — absolute authority over the remains
- Legal spouse — if no will exists
- Adult children — if no spouse
- Parents — if no children
- Siblings — if no parents
Common-law partners do not appear in this hierarchy unless the deceased explicitly named them as executor in a valid will. If there is no will, or if the will names someone else as executor, the common-law partner has no automatic right to direct the funeral, choose between burial and cremation, select the funeral home, or make any disposition decisions.
This means a partner who shared a home for fifteen years can be told by the funeral director: "I need instructions from the next of kin, and legally that is not you."
What Different Resources Actually Cover for Common-Law Partners
| Resource | Common-Law Coverage | Practical Steps Provided |
|---|---|---|
| PLEIS-NB | Correctly explains that common-law partners do not inherit under the Devolution of Estates Act without a will | Ends with "consult a lawyer" |
| FCNB | Does not address funeral authority hierarchy at all | None — FCNB covers pre-arranged contracts, not authority disputes |
| Funeral home websites | May not mention the issue until a dispute arises | None — funeral directors follow whoever has legal authority |
| Generic Canadian guides | Often apply Ontario or BC rules, which have different statutory frameworks | Misleading — Ontario's Funeral, Burial and Cremation Services Act has a different priority order |
| NB Funeral Rights Guide | Full chapter on authority hierarchy, common-law vulnerability, and the Probate Court pathway | Step-by-step: verify will status, understand your standing, negotiate with family, petition court if needed |
The Three Things Common-Law Partners Must Do Immediately
1. Locate the Will
If your partner named you as executor, you have absolute legal authority over the funeral — full stop. The biological family's preferences are legally subordinate to yours. If the will names someone else as executor, that person controls the funeral, not you.
2. Understand the Marital Property Act Does Not Help Here
The Marital Property Act provides some protections for common-law partners regarding property division, but these protections relate to shared assets and the family home — not funeral authority. Even if you have a strong claim to shared property, that claim does not translate into the right to direct the funeral.
3. Know Your Court Option
If the biological family is making decisions you believe violate your partner's wishes, or if you are being excluded from the process entirely, you can petition the Court of King's Bench for an emergency order regarding disposition of remains. This requires legal counsel and happens quickly — the court recognizes that bodies cannot wait for extended litigation.
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Who This Guide Is For
- Common-law partners in New Brunswick whose partner has died without a will naming them as executor
- Partners facing conflict with the deceased's biological family over funeral decisions
- Common-law partners doing advance planning who want to understand what legal steps to take now to protect their authority later
- Anyone in a long-term unmarried partnership who assumes they will automatically control the funeral — they likely will not
Who This Guide Is NOT For
- Legally married spouses — you have statutory standing in the hierarchy and are far less vulnerable
- Common-law partners whose deceased partner left a clear will naming them as executor — your authority is established
- Anyone seeking legal representation — the guide provides legal knowledge, not legal counsel for active court disputes
The Advance Planning Angle
If you are reading this before a death has occurred, the single most important action a common-law partner in New Brunswick can take is ensuring their partner has a valid will that explicitly names them as executor. Without this document, decades of partnership confer zero funeral authority under New Brunswick law.
The New Brunswick Funeral Laws & Consumer Rights Guide covers the full authority hierarchy, the common-law vulnerability in detail, the Enduring Power of Attorney rules (which cease at death — a separate trap), and the specific court pathways available when family disputes arise. It also includes a standalone Funeral Rights Reference Sheet that common-law partners can bring to the funeral home meeting as a printed authority summary.
Frequently Asked Questions
Does living together for a certain number of years give me funeral authority in New Brunswick?
No. Unlike some provinces, New Brunswick does not grant common-law partners automatic statutory rights to direct funeral arrangements regardless of how long the relationship lasted. The Devolution of Estates Act does not include common-law partners in the intestate succession hierarchy in the same way it includes legally married spouses.
Can a funeral director ignore the biological family and follow my instructions?
Only if you can demonstrate that you are the executor named in a valid will. Without that legal standing, the funeral director is bound to follow instructions from whoever has the highest priority in the authority hierarchy — which under intestacy rules means the legally married spouse, then adult children, then parents, then siblings.
What if my partner told people they wanted me to handle the funeral?
Verbal wishes about funeral arrangements are not legally binding in New Brunswick. The executor named in the will controls the funeral. Without a will, the statutory hierarchy determines authority. The funeral director cannot accept verbal instructions from a common-law partner over a biological next of kin who holds higher legal priority.
Can I petition the court to gain funeral authority?
Yes. The Court of King's Bench can issue an emergency order regarding the disposition of remains when there is a dispute. This requires filing through a lawyer and demonstrating that the current decision-maker is acting improperly or against the deceased's documented wishes. The process is fast by court standards but still takes days — which matters when the 72-hour unembalmed disposition deadline is running.
Should I get a will drafted now to protect my partner?
Absolutely — and your partner should do the same for you. A valid New Brunswick will that names the common-law partner as executor is the only reliable way to ensure funeral authority. An Enduring Power of Attorney is not sufficient because it ceases the instant the person dies.
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