A Codicil is a legal document that you use to make a minor change (also known as an addendum) to your Last Will and Testament. For instance, you may need to add or delete a clause or change the name of an executor, guardian, or beneficiary.

You should only use a Codicil for minor changes to your Will. For instance, if you receive a family heirloom, such as a piece of jewellery, you may want to add a clause to pass it along to your child. The heirloom might be an engagement ring passed down through generations, so a simple clause will continue that tradition.

Other common uses for a Codicil include:

• Changing the executor of your estate
• Changing a beneficiary
• Changing a guardian
• Deleting a single clause

In contrast, you should create a new Last Will and Testament to reflect major life changes such as a divorce or the birth of a new child. Changing the beneficiary structure of your Will is often a complex task.

Although there are no legal limits on the length of a Codicil, writing a new Will makes it easier for your executor to follow your instructions. A new Will also reduces the chances of someone contesting your final wishes in court.

LawDepot’s Codicil template makes it easy to change your Will yourself. The template is in a fill-in-the-blank format so that you can amend your Last Will without much effort. Be sure to have your Last Will handy to fill out the Codicil form correctly. For example, the information you’ll need includes:

• The date your Last Will was signed
• Your full name and address as listed on the Will
• The number of the clause(s) you wish to change or delete
• The number of the clause after which a new clause follows (e.g., The new clause, 12A, follows clause 12 of the Will)

Often, lawyers charge similar fees for drafting a Codicil as they do for a Last Will and Testament. Depending on your situation, you may prefer to discuss changes with your lawyer before writing either a Codicil or a new Will. In some cases, lawyers prefer to draft a new Will instead.

LawDepot’s Codicil template includes a section for a notarized Affidavit of Execution, but you have the choice to use this space or not. In this section, two witnesses must sign your Codicil in the presence of a notary public. The notary also signs and provides their seal or stamp to acknowledge the Codicil’s proper execution.

An Affidavit of Execution reinforces that the testator (the person who wrote the Will) did want these changes and made them intentionally. This proof helps if your Codicil goes to probate court where a judge will want to confirm that it was properly signed, witnessed, and executed. However, a Codicil and the changes it makes are still valid without the Affidavit of Execution.

If you don’t notarize your Codicil, you still need two witnesses’ signatures. Keep in mind that witnesses cannot be beneficiaries in your Will, nor can they be spouses of any beneficiaries. We provide more information about witnesses, signing, and executing your Codicil as you complete our questionnaire.

Yes, someone can contest your Codicil if they believe it wasn’t executed properly or if they have legal grounds to challenge it.

Common challenges to proper execution include:

• Insufficient mental capacity: The testator made the change while suffering from a cognitive disorder, such as dementia.
• Undue influence or coercion: A third-party manipulated the testator into writing the Codicil or forged the document.
• Missing information: The Codicil was not properly signed, dated, or witnessed. Alternatively, the Codicil may not make sufficient reference to the Will it amends.

Each province and territory has laws and regulations concerning Wills. In some jurisdictions, you must meet certain requirements to have the legal grounds to challenge a Will. Typically, successful challenges come from beneficiaries.

In any situation, the onus is on the challenger to prove their case to a court, and this can be a costly and lengthy legal battle.

If you have several changes to make to your Will, it’s best to avoid using multiple Codicils. Having several Codicils increases the chances of changes becoming lost or misconstrued when your executor administers your Will. Instead, consider revoking your previous Will by creating a new one.

LawDepot’s Last Will and Testament template simplifies the Will-making process, especially if you’ve created a Will with us before. Log in to your LawDepot account to access the stored version of your Will, change answers as needed, print the new document, and sign your Will with the appropriate witnesses. Our template includes a clause that revokes all prior Wills and Codicils so that there’s no confusion later.

Create a new Will if:

• You gain or lose a significant amount of money or property.
• You move to another province or territory.
• You give birth to or adopt a child.
• Your child predeceases you.
• Your marital status changes.