When circumstances pertinent to the terms of a will change, it is appropriate to make the necessary amendments. The testator (a person who dies with a will) should ensure the amendments are properly expressed and inserted to avoid confusion among beneficiaries after their death.

General Instructions

An individual cannot simply insert the changes to be made in the current will by crossing out the relevant sections. If the changes necessary are major, it is advised to make an entirely new will. The first section of the new will should revoke any old wills, making the new will the only enforceable one.

If the changes are minor, the individual must make a codicil which is an amendment to the existing will. According to section 18 of the Succession Law Reform Act, the codicil must be written and signed by the testator and two witnesses. An alteration has no effect unless it is signed (not initialed) by the testator and two witnesses.

There are numerous reasons for making amendments to an existing will. These may include changing the executor, changes in the needs of existing beneficiaries, increasing or decreasing a legacy (gift of a specific sum of money), and others.

It is recommended to get legal advice in certain situations. First, the necessary changes to the will may create certain legal or practical problems which your lawyer may advise against. Second, having a lawyer prepare your codicil allows it to be properly drawn and executed.

Seeking the Advice of a Professional

If you have decided it is time to seek the advice of a professional ensure to email us your contact information and one of our lawyers will contact you promptly.

Disclaimer

Nothing on this website constitutes legal advice. If you face a legal issue, you should take specific legal advice from a lawyer before taking any action. Three60Legal takes every reasonable step to ensure the accuracy of the information on this website. However, Three60Legal accepts no liability for any loss or damage arising in any way from the use of this site.

Three60Legal

Three60 Legal is comprised of both Canadian lawyers and US attorneys providing legal services in all areas of the law including, business law, immigration law, employment law, family law, personal injury law, human rights law, criminal law, international law, labour law, tax law, real estate law, property law, divorce law, alternative dispute resolution, commercial litigation, franchise law, entertainment law, sports law, insurance law, copyright law, trademarks, patent law and wills and estates law. Law offices are located in Toronto, Mississauga, Brampton, North York and Markham.


Username		Password