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CODICIL TO LAST WILL AND TESTAMENT OF ________________________
I, ________________________ (the 'Testator') of ______________________, , declare this to be my codicil (my 'Codicil') to my last will and testament being dated the 30th day of March, 2023 (my 'Last Will').
IN WITNESS WHEREOF, I have signed my name on this the ________ day of ________________, ________, at __________, , declaring and publishing this instrument as my Codicil to Last Will, in the presence of the undersigned witnesses, who witnessed and subscribed this Codicil to Last Will at my request, and in my presence._____________________________________________________ (Testator)
SIGNED AND DECLARED by ________________________ on the ________ day of ________________, ________ to be their Codicil to Last Will, in our presence, at __________, , who at their request, in their presence and in the presence of each other, all being present at the same time, have signed our names as witnesses.
__________________________Witness #1 Signature__________________________Witness #1 Name (Please Print)__________________________Witness #1 Street Address__________________________Witness #1 City and Province/Territory
__________________________Witness #2 Signature__________________________Witness #2 Name (Please Print)__________________________Witness #2 Street Address__________________________Witness #2 City and Province/Territory
AFFIDAVIT OF EXECUTION
CANADATO WIT:
I, ________________, of ____________, ____________, MAKE OATH AND SAY THAT:
SWORN BEFORE ME at _____________, this ________ day of ________________, ________.
________________________ Signature
________________________A Commissioner for Oaths/Notary Public in and for the Province of My Commission expires: ____________
________________________ Name
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:
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:
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:
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:
Note: Your initial answers are saved automatically when you preview your document.This screen can be used to save additional copies of your answers.