How to Change a Will in Canada — Codicil vs. New Will
When circumstances change and your will needs to be updated, the two formal options are a codicil or a new will. This article covers when each fits.
Two formal options
Codicil. A formal amendment to the existing will. Properly executed (signed by testator, witnessed by two qualified witnesses) like the original will. Both the original will and the codicil apply, with the codicil modifying specific parts.
New will. Replaces the existing will entirely. Includes explicit revocation clause for prior wills. Becomes the operative document.
When codicil fits
- Single beneficiary change
- Adding a single specific bequest
- Changing an executor or guardian backup
- Updating address or minor details
For minor isolated changes only.
When new will is better
- Multiple changes at once
- Substantial restructuring of beneficiaries or distributions
- Consolidating multiple prior codicils
- Major life event (marriage, divorce, new child)
- It's been many years since the original will
For almost any non-trivial change, a new will is simpler than a codicil.
What NOT to do
Never write changes on the existing executed will. Crossing out, writing in, attaching pages — all typically invalidate the document.
If you've already done this, the will may need to be re-executed entirely. Consult a lawyer or use an online service to create a clean new will.
Codicil mechanics
A codicil must be properly executed:
- Refers to the existing will
- Specifies the changes
- Signed by testator
- Witnessed by two adults (same requirements as original will)
Use of multiple codicils over time creates layered amendments — codicil 1 modifies the will, codicil 2 modifies the will and codicil 1, and so on. This can become confusing. New will is usually cleaner.
New will mechanics
A new will:
- States that it's a will
- Revokes all prior wills (standard clause)
- Contains all the new provisions
- Signed by testator
- Witnessed by two adults
Once properly executed, the new will is operative; the old will is revoked.
Disposal of old wills
Best practice — physically destroy old wills after new one is executed. Tear up, shred. Prevents later confusion about which is operative.
If keeping for records (some people do), mark clearly:
- "REVOKED" in large letters on every page
- Date of revocation
- Note where the new operative will is stored
What we focus on at It's Simple Will
It's Simple Will supports easy will updates — generate a new will with revised information; properly execute; old will revoked. Simpler than codicil for most situations.
Related guides
Citations & sources
- [1]Canadian Bar Association — Wills and estates — Canadian Bar Association
Frequently asked questions
What's the difference between codicil and new will?
Codicil is an amendment to the existing will — both documents apply, with the codicil modifying specific parts. New will replaces the existing will entirely, typically including a revocation clause for prior wills. New wills are usually simpler than codicils because there's no risk of conflict between two documents.
Can I just cross out and write in changes?
No. Marking up an executed will typically invalidates it. The court may not be able to determine what was intended. Always use a proper codicil or new will.
When is a codicil appropriate?
Minor changes only — single beneficiary swap, change of executor backup, minor specific bequest addition. Codicils require execution formality (witnesses) and can create interpretation problems if substantial changes are needed.
When is a new will better?
Substantial changes — multiple beneficiary changes, executor change, restructured distributions. Also when consolidating multiple codicils into single document. Often simpler than chaining codicils together.
Does the new will need to revoke the old?
Yes — explicitly. Standard revocation clause: 'I hereby revoke all prior wills and codicils made by me.' Without explicit revocation, prior wills may still have force, creating confusion.
Should I destroy the old will after a new one?
Yes — physically destroy old wills after the new one is properly executed. This prevents any later confusion about which is the operative document. Some Canadians keep prior wills for records; if so, mark them clearly as 'REVOKED' and date.