DocumentsCodicil to the Last Will and Testament in Ontario | Free Template
Codicil to the Last Will and Testament in Ontario | Free Template
Do you need a Codicil to update your Will? Draft a Codicil with our free, customizable template.
A Codicil is a legal document that is used to update your Last Will and Testament. With a Codicil, you can add, remove, or modify parts of your Will, so you don’t need to write an entirely new document. You’d typically use a Codicil to make minor changes, like naming a new beneficiary or adding a new asset for distribution.
A Codicil has the same legal requirements as a Will, like the need for two witness signatures to be valid. Once you and your witnesses sign your Codicil, you can 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
Please note that a Codicil is best for minimal changes. If your Will requires extensive updates, it’s best to write a new one.
Codicil to the Last Will and Testament in Ontario
We make drafting your Codicil as easy as possible with our free online document creator. Draft a Codicil in minutes, then use our Virtual Witnessing Service to sign it online, from anywhere.
Updates You Can Make with a Codicil
Updating a Will ensures your beneficiaries remain current and your assets are distributed according to your wishes. You can use a Codicil to make the following changes to your Will:
- Updating a Guardian or Executor: If you don’t want someone in your Will to act as a guardian or executor.
- Adding or Removing a Beneficiary: If your family situation or relationships change, you can add or remove a beneficiary.
- Adding, Removing, or Updating Asset Distribution: You can change which of your assets are distributed and how.
- Updating Gifts: You can add or remove gifts, or change the amount distributed as you wish.
Legal Requirements for a Codicil in Ontario
For a Codicil to be legally valid, it should adhere to the guidelines below:
- Correct Execution: You need to execute your Codicil with the same formalities as your Will (it must be dated, signed, and witnessed).
- Free of Contradictions: Your Will should be free of contradictions; any changes made to the Codicil cannot contradict what’s stated in your original Will.
- Witnessing and Signing: The same two witnesses who signed and witnessed your Will need to also sign and witness your Codicil.
- Mental Capacity: You must have the mental capacity to comprehend how a Codicil works and the implications of any changes made to your Will.
- Free of Coercion and Undue Influence: You must create a Codicil freely, without anyone manipulating or coercing you.
How to Draft a Codicil in Ontario
Drafting a Codicil to a Will is simple with NotaryPro’s free Codicil template. Essentially, you need to explain which parts of your Will you’re changing in your Codicil. Be clear about each of the changes you’d like to make.
It’s best to give as many details as possible — for example, use full legal names and describe your assets in detail. Your Codicil 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 specific details you’ll need to provide in a Codicil:
- Your full name
- The city and province in which you live
- The date of your last Will
- Provisions you’re adding
- Provisions you’re removing
- Provisions you’re 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
Can a Will Have Multiple Codicils?
Yes, you can have multiple Codicils to your Will, there’s no legal limit to the number of Codicils you can create. However, too many Codicils can make your Will difficult to interpret. Sometimes, creating a new Will is best to avoid confusion and conflict between family members.
When Should I Create a New Will?
If the changes you need to make to your Will are significant, rewriting the document might be easier than adding a Codicil. You may want to update your Will in the following situations:
- Moving to a Different Province: Each province has its own legislation regarding Wills, so your Will may need many updates if you move to another province.
- A Birth or Adoption in Your Family: Unless you’ve accounted for unborn children in your Will, you might want to create a new Will when a new child joins your family.
- Getting Married: In many Canadian provinces, getting married invalidates your Will unless it has a “contemplation of marriage” clause.
- Changes to Romantic Relationships: If you’re not married, but have entered 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 typically requires many changes to your Will, so it’s best to create a new one.
- Significant Changes to Assets: If there are significant changes to your assets, a new Will may be best for clarity.
- Having Many Codicils: If you’ve already made several Codicils to your existing Will, creating another one could make your Will too complicated.
Final Thoughts: Draft Your Codicil Today
Your Will is one of the most important documents you can create. As life evolves, your estate plan should, too. Whether you’ve experienced a change in family relationships, family structure, or assets, keeping your Will up to date is essential.
With a Codicil, you can make minor updates to your Will without drafting a new one. Making these updates is easier than ever before with NotaryPro.
In addition to drafting a Codicil with our template, you can have your Codicil witnessed entirely online with our Virtual Witnessing Service in minutes. Take control of your estate plan today, because you deserve peace of mind.
Frequently Asked Questions
Is an Affidavit of Execution always required with a Will or Codicil in Ontario?
Most Canadian Wills go to Probate and require an Affidavit of Execution.
When a Will is probated in court, the executor officially receives the legal authority to carry out the wishes outlined in your Will. Since most Wills go to probate, NotaryPro automatically includes an Affidavit of Execution with all Wills and Codicils.
An Affidavit of Execution enables an executor to start carrying out your wishes sooner. If this Affidavit is missing, both witnesses who signed the Codicil must be found, 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.
Is there a limit to how many Codicils I can add to my Will?
No, there is no limit to how many Codicils you can add to your will.
However, too many Codicils can make interpreting your Will confusing and complicate the process of executing your Will. To ensure that your wishes are executed the way you intended, you may want to create a new Will if you have several Codicils.
Is NotaryPro’s online drafting and Virtual Witnessing service legal?
Yes, NotaryPro’s documents are virtual witnessing services are legally recognized.
NotaryPro’s documents are accepted by national and international institutions and authorities, including the Government of Canada and Service Ontario.
Is NotaryPro’s online drafting and virtual witnessing service secure?
Yes, NotaryPro uses the latest encryption technology.
Your personal information and documents are subject to the highest level of digital security, and we ensure that your documents are signed in compliance with all applicable Canadian laws and regulations.
How much does it cost?
It’s free to create your document, although we do offer virtual witnessing for a small fee.
That’s right! Creating your document comes at no cost to you, but if you’d like to have it witnessed at the same time, we’re happy to help. Please find our detailed price list here.