Are you looking to codicil a Will in Canada? Imagine you had a lawyer prepare your will for a few hundred dollars.

Then after a couple of weeks, you realized you need to make revisions to the will. You wouldn’t want to redraft the entire document. The Wills Act makes it possible to do codicil.

Updating your will is an important aspect of estate planning, and a codicil can be a helpful tool in Canada. A codicil is a legal document that enables you to make minor adjustments or additions to your will, without rewriting the entire document. For example, you may wish to add or remove a beneficiary or executor or make specific bequests.

One of the main benefits of a codicil is that it can save time and money compared to creating a new will from scratch. This is particularly advantageous if you only need to make minor changes, or if you want to update your will regularly. Rather than having to create a new will each time, you can simply add multiple codicils over time.

Adding complex trusts

It is important to note, however, that a codicil may not always be the best option. If you need to make significant changes, such as altering the distribution of your estate or adding complex trusts, it may be more appropriate to create a new will. A qualified lawyer can advise you on the best approach for your specific needs and circumstances.

To ensure that a codicil is legally valid, it must be executed with the same formalities as a will. This means that it must be in writing, signed by you, and witnessed by two people who are not beneficiaries under the will. The witnesses must also sign the codicil in each other’s presence. Failing to follow these formalities could result in the codicil being challenged or deemed invalid.

Advanced healthcare directives

It is also important to understand that a codicil is not a replacement for a comprehensive estate plan. While it can be helpful for making minor changes to your will, a comprehensive plan should include other important documents such as powers of attorney and advanced healthcare directives.

If you are considering adding a codicil to your will, it is crucial to consult with a lawyer. A lawyer can provide expert guidance on the legal validity of your changes, as well as review your existing estate plan to ensure that it meets your needs and objectives.

A codicil can be a valuable tool for updating your will in Canada, particularly for minor changes. While it can save time and money compared to creating a new will, it is important to follow proper formalities and seek legal advice to ensure that it is legally valid and complements your overall estate plan.

Should I do a Codicil or a new will?

Deciding whether to create a codicil or a new will in Canada depends on the specific changes you wish to make to your existing will. If the changes are minor and do not require a major overhaul of your will, such as adding or removing a beneficiary, changing an executor, or making a small adjustment to a bequest, then a codicil may be the best option.

However, if you need to make significant changes, such as changing the distribution of your estate or adding complex trusts, it may be better to create a new will instead of relying on a codicil. Creating a new will allows you to have a comprehensive review of your estate plan and make changes as needed.

It is also important to note that having multiple codicils to your will can create confusion and inconsistencies in your estate plan. If you have already added several codicils, it may be worth considering creating a new will to ensure your wishes are accurately reflected and that your estate is distributed as you intended.

Ultimately, the decision of whether to create a codicil or a new will depends on the specific changes you need to make, and the advice of a qualified lawyer can help you determine the best approach. They can help you understand the legal requirements and implications of both options, and ensure that your changes are legally valid and comprehensive.

What is an example of a Codicil?

An example of a codicil could be if you have an existing will that leaves your entire estate to your spouse, but you want to add your child as a secondary beneficiary. Instead of rewriting your entire will, you could create a codicil that adds your child as a beneficiary, while still leaving the rest of your estate to your spouse.

The codicil would need to include specific language that clearly identifies the changes you wish to make to your existing will, such as the addition of your child as a beneficiary. It would also need to be executed with the same formalities as a will, including being in writing, signed by you and witnessed by two witnesses who are not beneficiaries under the will.

Other examples of changes that can be made through a codicil include changing an executor or trustee, adding or removing beneficiaries, or making specific bequests. A codicil can be a useful tool for making minor changes to your will, without having to create an entirely new document.

Codicil a Will in Canada- What’s Is It?

A Codicil to Last Will is a form used for minor modifications to an existing Last Will and Testament. This document is used when the person (the testator) does not want to create a completely new Will.

They don’t want to redo it to make minor adjustments, such as adding, removing or modifying an existing clause.

The Codicil is treated as a separate legal document from a will. Nevertheless, the records are almost always kept together. This is because one document’s significance is influenced by the other’s existence.

A Codicil may change either one or multiple will provisions. This document revises the Will and makes minor changes while leaving the rest of the Will unchanged.

Things you can do when you want to update your Will

A codicil should only be used for simple things like changing an appointment (the Executor or Guardian), a change of beneficiary’s legal name, adding or removing beneficiaries, and changes in assets and liabilities of the testator.

If the changes make a significant difference to the estate distribution, there is a high likelihood that the Will will be questioned.

Since there will always be questions about which changes were made when this is not generally recommended. Although it may save you money, it won’t save you any time since two independent witnesses still need to observe the provisional adjustments.

Create your own codicil

This outlines the same clause, and with the new wording, specifies that the clause will change. This agreement must be signed once more in the presence of two witnesses.

Referring to the original Will, write a new document with the title “Codicil to a Will,” which refers to the current Last Will and Testament, and outlines a change to a specific clause in that Will.

Build a New Will

This step ensures that your Will is written correctly, and does not actually take much more time and effort than the other options.

If you’re going to a new lawyer with an existing Will, they’d probably suggest you write a new Will instead of trying to adapt the old Will with a codicil.

They’d like to examine all the components in your current Will to ensure it’s still representing your condition. It also ensures that your will is up to date.

Codicil a Will in Canada- Making the revisions

The Testator makes all the needed revisions to the will. They should have access to a copy of the Will which they can refer to as they create the Codicil.

The exact text of the clause to be omitted or modified should be included in the Codicil, if at all necessary.

The bottom of the pages should be numbered and initialled by hand. Two witnesses (who should not benefit under the will) should also date and sign the document.

A notary may complete any other essential paperwork to authenticate the validity of the Codicil.

Copies of the Codicil

Once the Codicil has been completed and signed, it should be stored together with the original Will, in a safe place such as a personal safe or bank security deposit.

The Testator may also choose to give their executor and any other parties that have copies of the original Will copies of the Codicil.

As with Wills, creating a Codicil to Last Will is a matter of provincial and territorial legislation.

If you need legal help in creating/updating a will, contact us.

Codicil a Will in Canada- Should You Hire A Lawyer?

If you go back to the same lawyer who wrote your original Will, it is actually faster for that lawyer to write a new Will compared to a codicil being prepared.

If you’re going to a new lawyer with an existing Will, they’d probably suggest you write a new Will instead of trying to adapt the old Will with a codicil.

They’d like to examine all the elements in your current Will to ensure it’s still representing your current estate.

We are now living in an age of computers and printers. Most lawyers use software to generate the final document. They enter your information into the system, and they create a Will.

Commercial software packages

Many commercial software packages require the lawyer to save your information so they can sign in. They can then locate your account and make an upgrade easily in the future.

That is why lawyers typically charge several hundred dollars to amend a Will. It’s usually more difficult than having to create a brand-new Will.

Blogs are not legal advice. Hire a lawyer to get proper legal advice. You can go through our Canadian lawyer directory.