Originally published: June 14, 2019 | Last updated: June 11, 2025
TL;DR: A codicil is a formal amendment to a Will, a separate legal document that modifies specific provisions without rewriting the entire Will. Codicils originated in 1837 when Wills were handwritten and rewriting was impractical. Today, codicils are obsolete. Modern word processing and online Will services make it faster, cheaper, and safer to simply create a new Will rather than attach amendments to an old one. A codicil can create confusion, contradict the original Will, and even be used to challenge the entire document in court.
If you already have a Will and need to make a change, you may have come across the term “codicil” in your research. A codicil sounds like a simple, inexpensive solution, but it is almost certainly not the right approach. Here is what a codicil actually is, why it existed, and why you should avoid using one.
What Is the History Behind the Codicil?
The need for codicils becomes clear when you study the development of Will-writing throughout history. Canadian estate planning law is based on the UK Wills Act of 1837 (except in Quebec). At that time, Wills were handwritten documents – painstakingly crafted by hand on parchment.
The Will writer would not have started a complete document rewrite because you wanted to make a change one week after your Will received its first version. A separate page was created which contained this statement: “With reference to the Last Will and Testament of [name], dated [date], the following changes should be applied.” The original Will received the codicil as an attached document.
The codicil was a practical invention for the era of handwritten and later typewritten Wills. The system solved a vital problem because it allowed people to change their complete legal documents at lower costs.
What Exactly Is a Codicil?
A codicil functions as a distinct legal paper which allows you to change your existing Will through additions or alterations without having to create a completely new Will. The document shows the original Will through its testator name and date of creation while it describes the required modifications. A codicil must meet the same legal requirements as a Will – it must be signed by the testator and witnessed by two adults who are not beneficiaries.
Benjamin Franklin added a codicil to his Will because famous people from history used this method to change their Wills after they created them.
How Do You Make a Codicil Legal?
A codicil must satisfy the same legal requirements as a Will:
- The testator needs to show mental capacity during their time of Will signing
- The testator needs to sign the codicil in front of two witnesses who must witness the signing process
- The two witnesses must be adult individuals who do not stand to inherit from either the Will or the codicil
- The codicil must clearly reference the original Will (by name and date)
- The codicil must specify exactly which provisions are being changed
The signing process for a codicil matches the entire procedure which people follow to create a new Will. The process needs two witnesses to watch your signature but you have to sign the document when they are there and the document needs to meet all its legal requirements. The process does not offer any form of shortcut.
Can I Just Make Handwritten Changes to My Will?
No. People must avoid crossing out Will sections while they should not write in document margins or create handwritten notes when dealing with typed or printed Wills. Any handwritten changes to a formally prepared Will document will not have any legal value because the court will ignore them. The document contains alterations which could cause the court to question its entire validity because they will wonder if someone else besides the testator introduced these changes which might lead to Will contestation.
You should create a formal codicil or produce a complete new Will when you need to update your existing Will. The legal system does not recognize informal amendments as valid changes.
What Are the Limitations of a Codicil?
A codicil has several significant limitations:
- A codicil allows you to change specific gifts and appointments but a new Will becomes necessary when you want to transform the entire estate distribution plan. The executor must read multiple codicils which attach to a Will to understand their contents but this process leads to document reading errors because of document complexity. The original Will faces a risk that courts will need to decide which document should be considered the most important document when the codicil contains language which opposes the original Will. The testator’s multiple codicils serve as proof that they doubted their decisions which enables people to dispute the Will.
- A codicil needs to follow the same legal procedures as a new Will because it requires signatures and witness presence.
- Why Is a Codicil No Longer Necessary?
- The codicil was invented to solve the problem of rewriting handwritten documents. That problem no longer exists. People now create Wills through word processing software and online interactive platforms which produce complete updated Wills within short time frames.
- Consider the practical reality:
A lawyer can create a new Will faster than he can create a proper codicil for you. A new Will requires lawyers to analyze your present situation before they generate a complete document through their software system. The process of creating a codicil involves reviewing the initial Will to find specific sections which need changes while writing new text that stays consistent with all other sections and meets all legal standards. Most lawyers will recommend a new Will over a codicil
With an online service – services like LegalWills.ca store your Will information in your account. You need to enter your account to make edits and then create a new Will version. The whole procedure requires only a few minutes to produce a new Will document which contains no alterations that require resolution.
The process of updating lawyer-prepared Wills has become so difficult and expensive that most Canadians continue to use their original outdated documents. LegalWills.ca conducted a survey which revealed that twenty percent of Canadians above 65 years old possessed Wills that had become outdated and thirty-three percent of Canadians above 65 years old did not create any Will. The problem of Will updates becomes solved through Online Will services which provide fast and inexpensive methods for making changes. Our guide on updating a Will contains all the information you need to keep your Will updated.
- How Does Updating a Will Work with an Online Service?
- The process of updating your Will through LegalWills.ca online service becomes simple when you use their platform:
Users need to access their accounts because these platforms keep their Will information in a protected storage area.
Users need to modify their Will through beneficiary updates and executor and guardian and bequest and all other provision changes.
The service produces a complete updated Will document which contains no errors when you generate a new Will.
- Users need to sign their new Will document when two witnesses watch them during the signing process.
- Destroy the old Will – the new Will automatically revokes the previous one
- The process of creating an all-new document makes codicils obsolete because you receive a fresh document every time you start from scratch. The executor will get one clear Will document which does not contain any changes to interpret.
- LegalWills.ca provides a complete estate planning service which charges $99.95 for its package that includes a Will and Power of Attorney and Living Will documents. The service allows you to update your documents as many times as you want during your active subscription period. You can find pricing information in our cost of a Will guide.
- Should I Use a Codicil or Write a New Will?
In virtually every situation, write a new Will. Here is a comparison:
Factor
Codicil
New Will
| Cost (lawyer) | $200–$500 | $500–$1,500 |
|---|---|---|
| Cost (online service) | Included with subscription | Signing requirements |
| Same as a Will | N/A | Same as a codicil |
| Clarity for executor | Multiple documents to reconcile | Single clean document |
| Risk of challenge | Higher – amendments invite scrutiny | Lower – complete replacement |
| Risk of contradiction | High – codicil may conflict with original | None – single authoritative document |
| The only scenario where a codicil might have made sense was when rewriting a Will was genuinely difficult and expensive. The time period which showed this behavior ended when it passed thirty years ago. A new Will brings superior advantages because it generates results which are both faster and more secure and produce better results. | What About Charitable Bequests and Other Additions? | People commonly add charitable bequests to their current Will through codicils. The process of updating a Will becomes easier when you create an entire new Will instead of adding new bequests through a codicil. The addition of a charity as a beneficiary will affect how other beneficiaries receive their inheritance because a codicil fails to address this issue but a new Will handles it automatically. |
Frequently Asked Questions About Codicils
Is a Codicil Legally Binding in Canada?
Yes, a properly executed codicil is legally binding if it is signed by the testator and witnessed by two adults, just like a Will. However, a poorly drafted codicil can create ambiguity that leads to legal challenges.
How Many Codicils Can I Add to My Will?
There is no legal limit, but each additional codicil increases complexity and the risk of contradictions. You must create a new Will when you need to make more than one modification to your existing document.
Does a Codicil Need to Be Witnessed?
Yes. A codicil must be signed in the presence of two adult witnesses who are not beneficiaries – the same requirements as a Will. For details on signing requirements, see our article on the Affidavit of Execution.
Can I Write a Codicil Myself?
You can, but it is not recommended. A self-drafted codicil tends to have mistakes and unclear wording which breaks the terms of the original Will. You can create a complete new Will with the same amount of work through an online service called LegalWills.ca.
How Do I Revoke a Codicil?
The simplest way to revoke a codicil is to create a new Will. A new Will automatically revokes all previous Wills and codicils. You should also physically destroy the old Will and any codicils to prevent confusion.
You can, but it is not recommended. A self-drafted codicil is more likely to contain errors, use imprecise language, or contradict the original Will. For the same effort, you can create a complete new Will using an online service like LegalWills.ca.
How Do I Revoke a Codicil?
The simplest way to revoke a codicil is to create a new Will. A new Will automatically revokes all previous Wills and codicils. You should also physically destroy the old Will and any codicils to prevent confusion.
Tim Hewson is one of the founders of LegalWills.ca.
He has over 20 years of experience helping people to write their Will and other estate planning documents. He has been interviewed by many of the major news media outlets including CTV, Global News, The Toronto Star, and other leading Canadian publications. He has also contributed to a number of financial planning books.
Throughout his career, Tim has written extensively on the subject of Will writing and estate planning.
