Codicils: Changing a Will in Ontario
A codicil is a document that changes or adds to an existing will without replacing it. Used with care it can fix a small point. Used carelessly it can create confusion, disputes and even invalidity.
- A codicil must meet the same signing rules as a will: in writing, signed by you at the end, and witnessed by two people.
- A beneficiary or a beneficiary's spouse who witnesses a will or codicil can lose their gift.
- For anything beyond a small change, a new will is usually safer than a codicil.
- Marriage generally revokes a will in Ontario, unless it was made in contemplation of that marriage.
What a codicil can do
- Change an executor or guardian.
- Add or remove a specific gift, such as a piece of jewelry.
- Correct a misspelled name or an address.
- Confirm the will, and update it as of the codicil's date.
Signing requirements
Under Ontario's Succession Law Reform Act, a will, and so a codicil, must be in writing, signed at the end by the person making it, in the presence of two witnesses present at the same time, who then sign in the person's presence. There are narrow exceptions, such as certain military wills. Informal notes and handwritten changes on the face of an existing will are not a safe way to change a will.
Problems to avoid
- Writing on the original will or crossing things out, which can create doubt about what was intended.
- Using a witness who benefits under the will, which can void that person's gift.
- Creating a codicil that contradicts the will without clearly saying so.
- Failing to store the codicil with the will, so it is not found when needed.
- Making many codicils over time, which become hard to read together.
When a new will is better
- You are changing the main beneficiaries or the structure of the estate.
- You have had a major life change such as marriage, separation, a child or a death in the family.
- You already have one or more codicils and the documents are getting complicated.
- You are unsure whether the codicil fully matches the existing will.
Getting help
Drafting wills and codicils is legal work for a lawyer. A licensed paralegal cannot prepare wills, but can explain general ideas and refer you to the right professional. Keep your updated documents together and tell your executor where they are.
Common questions
Can I just write a new gift on my will and initial it?
That is risky. Alterations made after signing are generally not effective unless they are properly signed and witnessed like a codicil.
What happens to a codicil if I make a new will?
A new will usually revokes earlier wills and codicils if it says so. Be sure the new will says what you intend.
Who can help. Wills and estates are work for lawyers. Speak to a lawyer before changing a will.
This guide is general information for people in Ontario, not legal advice. Rules, forms and deadlines change, and every situation is different. Check the current rule or speak to a licensed legal professional before you act.
Not sure where you stand? A licensed paralegal can look at your documents and tell you your options.
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