Changing or cancelling a will

You should consider updating your will whenever your circumstances or wishes change. You can prepare a new will at any time. Or, if you have a hardcopy will, you can make changes to the existing one by signing a separate document, called a codicil. (If you have an electronic will, the only way you can change it is by making a new will.)

For the changes to be legal, you must understand the nature and consequences of the proposed changes. Generally this means you must:

• understand you’re making a document that changes your will 

• understand that the will and codicil determine what will happen to your property after you die

• appreciate the nature and value of all of the property you own, including what will pass through and outside of the will and codicil

• understand who your next-of-kin are and appreciate that your will should, if possible, provide for your spouse and children and not unfairly exclude them

Your capability can be affected by illness, an accident, or drug treatment.

You can revoke (that is, cancel) your will. You must be mentally capable of understanding the nature and consequences of cancelling your will.

It’s best to make a written declaration revoking your will. Different rules apply depending on whether your original will is in paper or digital form. These are described below, under steps to cancel your will.

If you make a new will, this will normally cancel any will that you’ve previously made. Even so, it’s common practice to include a revocation clause at the beginning of a will:

“I hereby revoke all my prior wills and codicils.” 

Getting married does not cancel a will. The exception is if you married before March 31, 2014, and made a will before you got married. If the exception applies, your will was cancelled when you got married (unless the will said it was made in contemplation of your marriage).

What about divorce or separation? If you had a spouse at the time you made your will, and later separated from them, your will is treated as if your spouse died before you. So your will is still valid, but any gift you left to your former spouse won’t be recognized. As well, if you named your former spouse as your executor, the appointment would no longer be effective. The rest of the instructions in your will can be followed.

You can prepare a new will at any time. If your will is in electronic form, this is the only way you can change it.

If your original will is in paper form, you can change it by signing a separate document, called a codicil. To be legal, the codicil has to meet the same requirements as a will. For example, it must be in writing, dated, and signed by you and two witnesses. You don’t have to use the same two witnesses you used for your will. The codicil must refer to the will (and previous codicils) it’s amending. 

Give your executor a copy of the new will or codicil. 

If you prepared a codicil, attach a copy of the original will to the codicil, and store it somewhere safe.

If you chose a new executor, let your old executor know that you no longer need their services. 

You may wish to talk to family members or beneficiaries about any major changes in your wishes.

If you’ve written a new will or changed it with a codicil, you can file a new wills notice with the province's wills registry to register the change.

If your original will is in paper form

If you wish to cancel your will (without preparing a new one), you could simply destroy the original will, with the intention of cancelling it. However, it’s better to make a written declaration revoking your will. This document must be signed in a similar way to how you signed your will — by you with two witnesses looking on and signing it themselves.

You can also cancel your will by preparing a new one. To make it clear you’re cancelling your old will, include a revocation clause at the beginning of a will:

“I hereby revoke all my prior wills and codicils.” 

If your original will is in electronic form

There are several ways you can cancel an electronic will.

You can delete an electronic version of the will, with the intention of revoking it. (Accidentally deleting a version of an e-will shouldn’t indicate an intention to revoke it.) 

In the presence of a witness, you can burn, tear or destroy all or part of a paper copy of the will, with the intention of revoking all or part of it.

Ideally though, you should make some kind of written declaration revoking your will. This declaration may be in electronic form and signed with an electronic signature.

Lastly, it is open to you to make a new will, which will cancel your old will. To make it clear you’re cancelling your old will, include a revocation clause at the beginning of the will:

“I hereby revoke all my prior wills and codicils.” 

Give your executor a copy of a new will, if you prepared one. If you chose a new executor, let your old executor know that you no longer need them to act.

You may wish to talk to family members or beneficiaries about any major changes in your wishes.

If you’ve prepared a new will, you can file a new wills notice with the province's wills registry to register the change.