1. What Is a Codicil?

2. What Does Alberta Law Say?

3. When Should You Use a Codicil?

4. When Is a New Will Usually Better?

5. How to Properly Prepare a Codicil

6. Common Mistakes

7. Costs and Considerations

8. When Should You Speak With an Estate Lawyer?

9. How Bridgestone Law Can Help

   
   

Introduction

Life rarely stays the same after you sign your will. You may move to a new home, get married, have children or grandchildren, buy or sell property, appoint a different executor, or simply change your mind about one of your decisions. When that happens, many people wonder whether they need to prepare an entirely new will or whether a simple amendment is enough.

In Alberta, a codicil is a legal document used to amend an existing will without replacing it entirely. A codicil can be an effective solution when you need to make a relatively minor change, such as replacing an executor, updating a beneficiary's name, or changing a specific gift. However, if you need to make several changes or substantially alter your estate plan, preparing a new will is often the safer and more practical option.

Like a will, a codicil must comply with Alberta's legal requirements to be valid. An improperly prepared codicil can create uncertainty, increase the likelihood of disputes, or even result in parts of your estate plan being ineffective. Understanding when a codicil is appropriate, and when a new will is preferable, can help ensure your wishes are carried out as intended.

What Is a Codicil?

A codicil is a legal document that changes, adds to, or revokes part of an existing will.

Rather than replacing the entire will, a codicil works alongside it. After your death, your executor and the Court read the original will together with any valid codicils to determine your final wishes.

A codicil may be used to:

• appoint a new executor or alternate executor;

• change a beneficiary's name following marriage or divorce;

• update a specific gift;

• add or remove a gift;

• correct an error in the original will;

• change a guardian for minor children; or

• clarify wording in the existing will.

The remainder of the original will generally continues to apply unless it has been specifically changed by the codicil.

What Does Alberta Law Say?

In Alberta, codicils are governed by the Wills and Succession Act.

Because a codicil forms part of your will, it must generally satisfy the same legal formalities required for a valid will. This means that, unless an exception recognized by law applies, a codicil should generally:

• be in writing;

• clearly identify the will it is amending;

• state the changes being made;

• be signed by the person making the will (the testator); and

• be properly witnessed in accordance with Alberta law.

If a codicil does not meet the legal requirements, there is a risk that it may not be effective.

In some situations, the Court has authority under the Wills and Succession Act to validate a document that does not strictly comply with the formal requirements if it is satisfied that the document records the deceased's testamentary intentions. However, relying on the Court to do so should never be part of an estate plan.

Proper drafting and execution remain the best way to ensure that your wishes are carried out.

When Should You Use a Codicil?

A codicil is generally most appropriate when the changes to your existing will are limited and do not significantly alter your overall estate plan.

Common examples include:

Changing Your Executor

If your chosen executor has died, become incapable of acting, moved away, or no longer wishes to serve, a codicil may be an appropriate way to appoint someone else.

Updating a Beneficiary's Name

A beneficiary may have changed their legal name because of marriage, divorce, or another reason.

A codicil can help ensure your will accurately identifies that individual.

Changing a Specific Gift

You may wish to:

• leave a different amount of money;

• change who receives a particular item of jewelry;

• replace one charitable gift with another; or

• update a gift of personal property.

Where the change is limited to one or two specific gifts, a codicil may be sufficient.

Appointing a Different Guardian

If your circumstances change, you may decide that someone else should act as guardian for your minor children.

A codicil may allow you to update that appointment without preparing a completely new will.

Correcting an Error

Occasionally, a drafting error or incorrect description of an asset may need to be corrected.

A carefully prepared codicil can clarify the original will while leaving the remainder unchanged.

When Is a New Will Usually Better?

Although codicils can be useful, they are not always the best option.

A new will is often preferable where:

• you want to make several changes;

• your family circumstances have changed significantly;

• you have married, entered into an adult interdependent partnership, separated, or divorced and wish to review your estate plan;

• you have acquired substantial new assets;

• your beneficiaries have changed significantly;

• you have started or sold a business;

• you own property in another jurisdiction; or

• your existing will has already been amended by one or more codicils.

Multiple codicils can make a will more difficult to interpret because the reader must compare several documents to determine your final intentions.

For that reason, many estate planning lawyers recommend preparing a new will once numerous changes become necessary.

How to Properly Prepare a Codicil

Although a codicil is often shorter than a will, it is no less important. Because it changes your legal instructions after death, it should be prepared with the same care as your original will.

A properly drafted codicil should clearly:

• identify the original will by its date;

• confirm that all other provisions of the will remain unchanged unless specifically amended;

• clearly describe each change being made;

• avoid inconsistent or ambiguous wording; and

• be executed in accordance with Alberta law.

The original will and the codicil should always be stored together. If they become separated, it may create unnecessary confusion for your executor and beneficiaries when the estate is administered.

You should never make handwritten changes directly on your original will. Crossing out clauses, writing notes in the margins, stapling additional pages to the will, or attempting to make informal amendments can create uncertainty about your intentions and may affect the validity or interpretation of your estate plan.

Practical Examples

Example One: Replacing an Executor

John signed a will ten years ago naming his older brother as executor.

Since then, his brother has developed significant health problems and no longer feels able to administer an estate.

Rather than preparing an entirely new will, John signs a codicil appointing his daughter as executor while leaving every other provision of his will unchanged.

Because only one provision required updating, a codicil is an appropriate solution.

Example Two: Too Many Changes

Margaret signed her will fifteen years ago.

Since then she has:

• remarried;

• purchased a vacation property;

• sold her business;

• welcomed several grandchildren;

• changed charitable organizations she wishes to support; and

• wants to appoint a different executor.

Although a codicil could technically address each of these issues, preparing several amendments would make the estate plan unnecessarily complicated.

Her lawyer recommends preparing an entirely new will that reflects her current wishes in one complete document.

Example Three: Handwritten Changes

David decides to remove one beneficiary from his will.

Instead of consulting a lawyer, he crosses out the beneficiary's name with a pen and writes another name beside it.

After David's death, family members disagree about whether the handwritten changes were intended to amend the will.

The uncertainty results in additional legal costs and delays that could likely have been avoided by preparing a properly executed codicil or a new will.

Common Mistakes

Making Handwritten Changes to a Signed Will

Many people assume they can simply write on their existing will.

Doing so can create uncertainty and may result in disputes about whether the changes are legally effective.

Using a Codicil for Major Estate Planning Changes

A codicil is generally intended for relatively limited amendments.

Where significant changes are required, a new will is often clearer, easier to administer, and less likely to create confusion.

Preparing Multiple Codicils Over Many Years

Several codicils attached to one will can make the estate plan difficult to interpret.

Executors, beneficiaries, and the Court may need to compare several documents before determining the deceased's final intentions.

Failing to Follow the Legal Formalities

Because a codicil generally requires the same legal formalities as a will, failing to execute it correctly may result in the amendment being ineffective.

Forgetting to Store the Documents Together

A codicil has little practical value if it cannot be found.

The original will and every codicil should be stored together in a secure location where the executor will be able to locate them after death.

Costs and Considerations

Preparing a codicil is often less expensive than preparing an entirely new will when only one or two straightforward changes are required.

However, where numerous amendments are contemplated, preparing a new will may ultimately be more cost-effective because it reduces the risk of future confusion and simplifies the administration of the estate.

Other considerations include:

• the complexity of the proposed changes;

• the age of the existing will;

• changes in family circumstances;

• changes in Alberta legislation;

• tax planning opportunities; and

• whether the existing will continues to reflect your overall estate planning goals.

Rather than focusing solely on the immediate cost, many people benefit from considering which option will create the clearest and most effective estate plan for their family.

When Should You Speak With an Estate Lawyer?

Professional legal advice is particularly valuable if:

• you are unsure whether a codicil or a new will is appropriate;

• you have experienced significant life changes;

• you have married, separated, divorced, or entered an adult interdependent partnership;

• your estate includes businesses, corporations, or multiple real estate holdings;

• you wish to change several beneficiaries;

• you have children or grandchildren born after your will was signed;

• your existing will contains multiple codicils; or

• you are concerned that your current will no longer reflects your wishes.

An estate lawyer can review your existing documents, explain your options, and help ensure your estate plan remains legally effective and up to date.

How Bridgestone Law Can Help

Your estate plan should evolve as your life changes. Whether you need to make a simple amendment or completely revise your will, ensuring the documents are prepared correctly can help prevent unnecessary uncertainty for your loved ones.

Bridgestone Law assists individuals and families throughout Calgary and Alberta with wills, codicils, estate planning, probate, and estate administration. We can review your existing will, advise whether a codicil or a new will is the better option, and prepare legally effective documents that accurately reflect your wishes.