DocumentsCodicil to the Last Will and Testament in Ontario
Codicil to the Last Will and Testament in Ontario
A codicil helps to ensure your will is up to date and that it reflects your current wishes. It’s a legal document that indicates changes or amendments made to your last will and testament. If you need to make updates to your will — including adding or removing arrangements — you can easily do so with a codicil.
In Ontario, a Codicil must be signed in front of two witnesses at least 18 years of age. These witnesses cannot be listed as beneficiaries, guardians, or executors in your will. Although your codicil doesn’t need to be notarized, it requires an affidavit of execution to ensure it holds legal weight. An affidavit of execution must be notarized, and is included in our codicil notarization package.
Please note, a codicil is best for minimal changes. If you need to make extensive updates to your will, it is best to create a new one.
Codicil to the Last Will and Testament in Ontario
To make drafting your codicil and affidavit of execution as easy as possible, NotaryPro offers an online document creator. You can also get your affidavit of execution notarized online, in under 7 minutes with one of our trusted professionals.
What Details or Information Does a Codicil in Ontario Contain?
- Its purpose: A codicil should state that it is an amendment to your will and acknowledge the original will, without changing any of its words.
- Personal Information: The names and details of parties to be added to or removed from the will.
- Witness Signatures: You’ll need to sign and date the codicil in front of two witnesses, who must also sign it.
- Notarized Affidavit of Execution: To ensure the changes in your codicil are executed seamlessly, one witness at the codicil signing must complete an affidavit of execution and have it notarized. This can be done online by a notary public online with NotaryPro!
- Exhibit Stamp: To ensure that your codicil and affidavit of execution are considered as one package, a notary public will stamp the back of your codicil as an exhibit.
When Would I need a Codicil in Ontario?
- Marriage or Divorce: Changes in marital status can lead to removing beneficiaries or adding new ones.
- Having Children or Grandchildren: New children can be added as beneficiaries if they weren’t included in your original will.
- Updating Beneficiaries: Adding or removing beneficiaries named in your will for various reasons.
- Updating Your Executor: If the executor named in your will is unable to carry out their duties, passed away, or moved. You can also add a co-executor to share duties with the executor.
- Purchasing or Selling an Asset: If you purchase a significant asset that you want to leave to a loved one, or sell something that will no longer be in your will.
- Moving to a New Province: Provinces and territories have different legislation regarding wills and estates. Sometimes in a new province, changes to your will are required.
- Changes to Pets: Needing to add a pet or remove one from your will.
Does a Codicil Need to be Notarized in Ontario?
Frequently Asked Questions
Is an affidavit of execution always required with a will or codicil in Ontario?
No, an affidavit of execution is not always required with a will or codicil in Ontario.
Although an affidavit of execution is not required, it proves the validity of your will if it is probated. Most wills in Canada get probated, and an affidavit of execution helps make the probate process faster, and less costly.
Is there a limit to how many times I can add a codicil to my will?
No, there is no limit to how many times you can add a codicil to your will.
While there is no limit to how many codicils you can add, too many can complicate the process of executing your will. To ensure clarity and that your wishes are executed the way you intended, you may want to create a new will.