Using a Codicil to Update Your Will

Key Takeaways

• A Codicil is a legal document you can use to make minor changes to your Will without writing a new one.
• It must be signed and witnessed like a Will, following the same legal requirements to remain valid in Ontario.
• You can use a Codicil to make updates to beneficiaries, executors, gifts, or asset distribution.
• While you can create multiple Codicils, too many can become confusing; significant updates may require a new Will.
• NotaryPro offers a free Codicil template and Virtual Witnessing Services, to help you draft and sign a Codicil in minutes, online.
• We can also provide both witnesses, so you don’t have to coordinate a time for everyone to meet.

Do you have a Will that requires a slight change? If you want to update your Will without creating a new one, a Codicil may be just what you need. Here we outline how a Codicil works, when you might need one, and how to draft one. 

What is a Codicil?

A Codicil is a legal document that acts as a supplement to your Last Will and Testament. With a Codicil, you can add, remove, or modify clauses in your Will, so you don’t need to write an entirely new document. You’d typically use a Codicil to make minor changes to your Will, like naming a new liquidator or modifying your liquidator’s powers.

A Codicil has the same legal requirements as a Will, including the need for witnesses and signatures to ensure validity. Once you sign your Codicil with two witnesses, you attach it to your Will and store it with your estate planning documents. 

A Codicil is also known as an:

• Amendment to Will
• Addendum to Will

Why Should I Update My Will?

In your Will, you outline your final wishes regarding your assets and dependents. However, life circumstances can change. Life changes may mean that some of your wishes aren’t possible to fulfill, which can cause you to default to intestacy. 

Essentially, intestacy is when you do not have a valid Will at the time of your passing. In this case, Ontario’s Succession Law Reform Act sets out how your estate is distributed.

For instance, say you named a beneficiary to receive a gift and didn’t name a backup. If that beneficiary passes away, your gift may be distributed according to a provincial formula instead of your wishes. Updating your Will in tandem with life changes ensures that your assets are distributed the way you want them to be. 

Changes You Can Make with a Codicil

Updating a Will helps ensure that your beneficiaries are up to date and your assets are distributed according to your wishes. You can use a Codicil to make the following changes to your Will:

• Adding or Removing a Beneficiary: If your relationships or family circumstances change, you may want to add or remove a beneficiary. 
• Updating a Guardian or Executor: If someone in your Will cannot or should not act as a guardian or executor.
• Adding, Removing, or Changing Asset Distribution: You may want to change how your assets are distributed.
• Updating Gifts: If you’d like to add or remove gifts, or change the amount distributed, you can do so.

Legal Requirements for a Codicil in Ontario

For a Codicil to be legally valid in Ontario, it must adhere to the guidelines below:

• Correct Execution: You must execute your Codicil with the same formalities as your Will (it must be in writing, dated, signed, and witnessed).
• Free of Contradictions: Your Will should be free of contradictions, meaning any changes made to the Codicil cannot contradict the wishes in your original Will.  
• Witnessing and Signing: The same two witnesses who signed and witnessed your Will must sign and witness your Codicil. Your witnesses must be over 18, and cannot be beneficiaries in the Will. In Ontario and some other provinces, the witnesses cannot be married to a beneficiary. 
• Mental Capacity: You must have the mental capacity to understand how a Codicil works and the implications of all changes being made to your Will. 
• Free of Coercion and Undue Influence: You must create a Codicil freely, without a third party manipulating or coercing you in any way.  

Can You Make Multiple Codicils?

Yes, you can make multiple Codicils to your Will. There is generally no legal limit to the number of Codicils you can create. That said, having too many Codicils can make your Will difficult to understand. Sometimes, creating a new Will is best to prevent confusion and potential conflict between family members. 

When Should I Create a New Will?

Sometimes, the changes you need to make to your Will are significant, and rewriting the document is easier than adding a Codicil. You may want to update your Will under the following circumstances: 

• Moving to a New Province: Each province has its own legislation regarding Wills, so your Will may need significant updates if you relocate to another province. 
• A Birth or Adoption in Your Family: Unless you’ve accounted for unborn children in your Will, you may want to create a new Will when a new child joins your family.
• Getting Married: In most Canadian provinces, getting married invalidates your Will unless it has a “contemplation of marriage” clause.
• Changes to Relationship Status: If you’re not married, but have entered into or left a romantic relationship, you may want to create a new Will to reflect this.
• Getting Divorced: In most provinces, an ex-spouse cannot receive a gift in your Will or act as your executor. Divorce may require many changes to your Will, and necessitate creating a new one.
• Significant Changes to Assets: If there are complex or significant changes to your assets, creating a new Will may be best for clarity.

Additionally, if you’ve already made several Codicils to your existing Will, creating another Codicil could make your Will too complicated. Having many Codicils can cause confusion when it comes time to interpret your Will. Sometimes, consolidating all changes into a new Will can add clarity, ensuring your wishes are carried out as you intended.

Can You Revoke a Codicil in Ontario?

Yes, a Codicil can be revoked in Ontario. You can revoke your Codicil by doing the following:

• Drafting a New Codicil or Will: Create a new Will or Codicil that explicitly states the revocation of the previous document.
• Creating a Revocation Document: You can draft a document that states your intention to revoke your Codicil. This document should indicate that previously stated wishes in your Will remain unchanged by the revocation of the Codicil.
• Physically Destroying the Codicil: If you want to revoke a Codicil without creating a new Will, you can physically destroy it. However, it’s best to document the revocation in writing.

How to Draft a Codicil in Ontario

Drafting a Codicil to a Will is simple with NotaryPro’s free Codicil template. To start, you must explain which parts of your Will you’re changing with your Codicil. Be specific about the changes you want to make: use full legal names and describe your assets in detail. You should also include a statement that says anything that’s in your Will and not mentioned in your Codicil will remain valid.

Below are some key details you’ll need to provide in a Codicil: 

• Your full name
• The city and province in which you live
• A note that this document is the Codicil to your Last Will and Testament
• The date of your last Will
• Provisions you’re including
• Provisions you’re removing
• Provisions you’re revoking and replacing
• Your signature and the date
• The city in which you signed
• The signatures of two witnesses and the city in which they signed
• Your witnesses’ names, addresses, and occupations

Does a Codicil Need an Affidavit of Execution?

You will require an Affidavit of Execution for a Codicil in court, during the probate process. When a Will is probated, the executor officially receives the legal authority to carry out the wishes outlined in your Will. 

At NotaryPro, we include an Affidavit of Execution with all Codicils because most Canadians’ Wills go to probate. With an Affidavit of Execution attached to the Will, the executor can start carrying out your wishes sooner. If this Affidavit is missing, both witnesses who signed the Codicil must be located, making the process more complex and expensive.

NotaryPro offers a free Affidavit of Execution template, which you can sign and have witnessed online in minutes.

Final Thoughts: Draft Your Codicil Today

Your Will is one of the most important documents you can create. As life evolves, so should your estate plan. Whether you’ve experienced a change in family structure, relationships, or assets, it’s essential to keep your Will up to date.

A Codicil offers a practical way to make minor updates without drafting a completely new Will. The best part? Making these updates is easier than ever before with NotaryPro.

We offer a free Codicil template, so you can draft one up in no time. You can also sign your Codicil and have it witnessed entirely online with our Virtual Witnessing Service in minutes. NotaryPro can provide both witnesses, so you don’t have to worry about coordinating an appointment around anyone’s schedule but your own. Take control of your estate plan today, because you deserve peace of mind.