1. What Does It Mean to Change a Will?

2. What Does Alberta Law Say?

3. The Two Ways to Change a Will

4. Can You Simply Cross Out or Write on Your Will?

5. What Happens to Old Copies?

6. When Should You Update Your Will?

7. Does Marriage or Divorce Automatically Change a Will?

8. Common Mistakes to Avoid

9. Costs and Considerations

10. When Should You Speak With an Estate Planning Lawyer?

11. How Bridgestone Law can Help

Introduction

A will is not a document that should be prepared once and forgotten.

Over the course of a lifetime, circumstances often change. You may get married, have children or grandchildren, purchase a home, start a business, separate from your spouse, lose a loved one, or simply change your mind about how you want your estate to be distributed.

Many Albertans assume that once a will has been signed, it cannot be changed. Others believe they can simply cross out a name, write new instructions in the margin, or add an extra page whenever they wish.

Neither assumption is entirely correct.

Under Alberta law, it is possible to change a will after it has been signed. However, the way those changes are made is extremely important. Informal alterations can create uncertainty, delay the administration of your estate, and, in some cases, result in disputes over whether the changes are legally effective.

 A will can generally be changed after it has been signed.

In Alberta, changes are typically made by:

• preparing a new will that revokes the previous one; or

• executing a codicil, which is a separate legal document that amends an existing will.

Simply making handwritten changes to a signed will is generally not recommended and may create uncertainty regarding your intentions or the validity of those changes.

Whenever significant life events occur, it is wise to review your estate plan to ensure it still reflects your wishes and complies with Alberta law.

What Does It Mean to Change a Will?

Changing a will simply means altering some or all of the instructions contained in your existing estate plan.

Sometimes the changes are relatively minor.

For example, you may wish to:

• appoint a different executor;

• update your address;

• change a specific gift;

• replace a beneficiary who has passed away; or

• add a newly born grandchild.

Other changes are much more significant.

You may wish to:

• completely change how your estate will be divided;

• update your estate plan after marriage or separation;

• address newly acquired property;

• include a family business;

• establish a trust;

• provide for a blended family; or

• revoke your previous will entirely.

The larger the changes, the more likely it is that preparing a new will is the better option.

What Does Alberta Law Say?

The ability to change a will in Alberta is governed primarily by the Wills and Succession Act.

A person who has the legal capacity to make a will generally also has the capacity to revoke or amend it, provided the required legal formalities are followed.

This means that the same considerations that applied when the original will was signed continue to be important when changes are made.

Generally, the person making the changes must:

• have the legal capacity to do so;

• act voluntarily and without undue influence;

• comply with the applicable legal requirements for the new will or codicil; and

• clearly express their testamentary intentions.

Because improperly executed changes can create uncertainty, it is generally advisable to formally update a will rather than attempting to make informal revisions by hand.

The Two Ways to Change a Will

In Alberta, there are generally two proper ways to change a will after it has been signed.

The right approach depends largely on how extensive the changes are and your personal circumstances.

Option One: Prepare a New Will

For most people, preparing a completely new will is the safest and most practical option.

A new will allows you to:

• update your executor;

• change beneficiaries;

• revise how your estate will be distributed;

• account for newly acquired assets;

• address changes in your family; and

• ensure your estate plan works as a complete document.

Most professionally prepared wills include a clause that expressly revokes all previous wills and codicils. This helps eliminate uncertainty about which document represents your final wishes.

Preparing a new will is often recommended when there have been significant changes in your life or when multiple amendments would otherwise make your existing will confusing.

Option Two: Prepare a Codicil

A codicil is a separate legal document that changes part of an existing will without replacing the entire document.

For example, a codicil may be appropriate if you wish to:

• appoint a new executor;

• replace one beneficiary;

• change a specific gift; or

• correct a minor drafting issue.

A codicil generally becomes part of the original will and should be stored together with it.

Like a will, a codicil must comply with Alberta's legal requirements for execution. It should not simply be treated as a handwritten note attached to the will.

Although codicils remain legally available, many estate planning lawyers now recommend preparing a new will whenever more than a minor amendment is required. A single, updated document is often easier for executors and beneficiaries to understand than several documents that must be read together.

Can You Simply Cross Out or Write on Your Will?

Generally, no.

One of the most common misconceptions is that a person can simply cross out a beneficiary's name, write new instructions in the margin, or add another page to an existing will.

While these changes may seem straightforward, they can create significant legal uncertainty.

For example, imagine someone:

• crosses out one child's name;

• writes another beneficiary's name beside it;

• initials the change; and

• places the will back into a filing cabinet.

After that person's death, several questions may arise:

• When was the change made?

• Was it made before or after the will was signed?

• Was the change intended to be legally effective?

• Did someone else make the alteration?

• Does the alteration comply with Alberta law?

Rather than simplifying matters, handwritten amendments often make estate administration more complicated.

If your wishes have changed, it is generally far safer to prepare a properly executed new will or codicil.

What Happens to Old Copies?

Whenever a new will is signed, older versions should be carefully reviewed.

The original, revoked will should generally be destroyed once you are satisfied that the new will has been properly executed and safely stored. This helps reduce confusion if multiple versions are discovered after your death.

If copies of an earlier will have been provided to your executor, family members, or other trusted individuals, consider advising them that a newer will has been prepared.

Similarly, if your lawyer stores your original will, make sure they are aware that a replacement will has been executed so there is no uncertainty regarding which document is your final will.

Keeping only one operative will helps avoid unnecessary questions during probate and estate administration.

When Should You Update Your Will?

There is no legal requirement to update your will every few years.

However, you should review your estate plan whenever there is a significant change in your life or financial circumstances.

Common reasons to review your will include:

• getting married;

• separating or divorcing;

• entering or ending an Adult Interdependent Partnership;

• the birth or adoption of a child;

• becoming a grandparent;

• purchasing or selling a home;

• acquiring a recreational property;

• starting, purchasing, or selling a business;

• receiving a significant inheritance;

• the death of an executor or beneficiary;

• a major change in your financial circumstances; or

• moving to another province or country.

Even if none of these events occur, many estate planning lawyers recommend reviewing your will every three to five years to ensure it still reflects your wishes and remains appropriate under current circumstances.

Does Marriage or Divorce Automatically Change a Will?

Many people assume that marriage or divorce automatically updates their will.

That assumption can be dangerous.

The legal effect of marriage, divorce, annulment, or the breakdown of an Adult Interdependent Partnership on an existing will depends on Alberta legislation and the individual's specific circumstances.

Rather than assuming your existing will still reflects your wishes, it is prudent to review your estate plan promptly after any major change in your personal relationships.

Doing so allows you to:

• confirm your executor remains appropriate;

• review beneficiary designations;

• update guardianship provisions for children;

• reconsider gifts made to former spouses or partners; and

• ensure your estate plan reflects your current intentions.

Reviewing your will after major life events is one of the simplest ways to help avoid unintended consequences for your family.

Practical Examples

Example One: Welcoming a New Child

Andrew and Michelle prepared wills shortly after they were married. Five years later, they welcomed their first child.

Although their wills were still legally valid, they realized their estate plan no longer reflected their family's circumstances. They wanted to nominate guardians for their child, update their executor, and ensure their child's inheritance would be managed appropriately if both parents died while the child was still a minor.

Rather than trying to write changes into their existing wills, they met with an estate planning lawyer and prepared new wills that reflected their growing family.

Example Two: Divorce and a New Relationship

After divorcing, Karen assumed that her existing will no longer applied.

During an estate planning review, she discovered that relying on assumptions about how separation or divorce affects a will could lead to unintended consequences. She prepared a new will naming a different executor, updating her beneficiaries, and ensuring her estate plan reflected her current wishes.

By reviewing her will promptly after a significant life event, Karen avoided uncertainty for her family.

Example Three: Handwritten Changes

Robert decided to update his will himself. He crossed out one beneficiary's name, wrote another name beside it, and initialed the page.

Several years later, after Robert passed away, questions arose regarding when the change had been made, whether it complied with Alberta law, and whether Robert intended it to form part of his will.

What Robert believed would save time ultimately created uncertainty for his executor and beneficiaries. Preparing a properly executed new will would likely have avoided these issues.

Common Mistakes to Avoid

Updating a will is usually straightforward when done properly. Problems tend to arise when people attempt informal changes or postpone reviewing their estate plan for many years.

Making Handwritten Changes

Crossing out names, adding handwritten notes, or writing new instructions in the margins may seem like an easy solution, but these alterations can create uncertainty and may not have the legal effect you intended.

If your wishes have changed, preparing a new will or codicil is generally the safer approach.

Waiting Too Long to Review Your Will

Many people prepare a will in their thirties or forties and never look at it again.

Over the years, families grow, relationships change, assets increase, and executors may become unable to act.

Reviewing your will every few years, and after major life events—helps ensure it continues to reflect your wishes.

Forgetting to Update Related Documents

Your will is only one part of a complete estate plan.

When your circumstances change, you should also consider reviewing:

• your Enduring Power of Attorney;

• your Personal Directive;

• beneficiary designations on registered accounts and insurance policies;

• jointly owned assets; and

• any trust or business succession planning documents.

Keeping your entire estate plan consistent helps avoid confusion later.

Leaving Multiple Versions

People sometimes keep every version of every will they have ever signed.

Although previous drafts may have sentimental value, keeping numerous signed versions can create unnecessary uncertainty after death.

Once a new will has been properly executed, older original wills should generally be destroyed unless your lawyer advises otherwise.

Assuming Small Changes Are Not Important

Replacing an executor, changing a specific gift, or adding a new beneficiary may appear to be minor updates.

However, even seemingly small changes can affect the administration of your estate. It is often worthwhile to obtain legal advice before making amendments to ensure the revised estate plan functions as intended.

Costs and Considerations

The cost of updating a will depends on the nature and complexity of the changes.

A straightforward update may require only limited legal work, while significant changes involving blended families, trusts, businesses, or tax planning may require preparing a completely new will.

Although updating a will involves some cost, it is often far less expensive than resolving uncertainty or disputes after death.

A properly updated estate plan can help:

• ensure your wishes remain current;

• reduce ambiguity;

• simplify probate and estate administration;

• provide clearer guidance to your executor; and

• reduce the likelihood of disputes among beneficiaries.

When Should You Speak With an Estate Planning Lawyer?

You should consider obtaining legal advice if:

• you wish to change your executor;

• you have married, separated, or divorced;

• your family has grown;

• you own new property or investments;

• you have started or sold a business;

• you have become part of a blended family;

• you wish to establish or revise a trust;

• you have concerns about family conflict;

• you are unsure whether your existing will still reflects your wishes; or

• you are considering making handwritten changes to your current will.

Even if your changes appear relatively minor, a brief consultation can help ensure they are made properly and do not create unintended consequences.

How Bridgestone Law Can Help

As your life changes, your estate plan should change with it.

At Bridgestone Law, we assist individuals and families throughout Calgary and Alberta with updating wills, preparing new wills, reviewing existing estate plans, and ensuring estate planning documents continue to reflect current circumstances and Alberta law.

Whether you need to make a simple amendment or completely revise your estate plan following a significant life event, our experienced team can provide practical advice tailored to your family's needs.

A properly updated will provides peace of mind, knowing that your wishes remain current and that your loved ones will have clear guidance when the time comes to administer your estate.