You have reviewed your will and you realize that you need to make some changes.
Changes to a will are made in a document called a codicil. A codicil is typically used for minor changes to an existing will. Minor changes include naming a new liquidator, modifying the liquidator’s powers or naming another person to be responsible for any children under 18.
Conditions to be respected
Changes to a will must meet the same conditions as a will. In other words, the changes must be handwritten, made in the presence of witnesses or by a notary. It is possible to make changes in a different way from your original will. For example, the codicil can be handwritten, even though the will was done by a notary. However, if your change is holographic or made in the presence of witnesses, it must be validated (“probated”) by the court or a notary after you die, which involves costs and delays.
You can make changes at any time, as long as you have the capacity to do this in the legal sense of the word. This means you must have full control of your mental abilities. If you are declared incapable, you are no longer be allowed to make a will, change it or cancel it.
Changing Your Will on Your Own– Not So Simple!
When you change to your will, you should also confirm which parts of the will you don’t want to change. This will avoid confusion later.
|Be very careful when changing your will without consulting a legal professional. Sometimes, “homemade" changes cause problems in how your will is interpreted, and this can lead to arguments among your heirs.|
A change that seems clear to you might not be clear to other people. For example, it might be hard to tell whether you are changing an old will or making a whole new one.
Here is an example of a change that can lead to problems:
Ms. Brown draws an arrow below the name of her heir, writes down the name of another person, and signs her name beside the change. Is she naming a second heir, or is she replacing the first heir?
Making Major Changes to Your Will
There are other things to consider if you want to make major changes to your will, for example, if you want to name new heirs or change the share of each heir. In these cases, it is often better to cancel your will and make a new one since the changes involve new wishes.
It is possible to use a codicil to make major changes, but keep in mind that when you die, your heirs will see both your original will and the changes. If you make a new will instead of changing your will, they will not see your changes. This may help prevent hurt feelings, arguments and conflicts among your family members and heirs.
A legal professional can advise you about the best solution and can prepare a change to your will or a whole new will.
This article explains in a general way the law that applies in Quebec. This article is not a legal opinion or legal advice. To find out the specific rules for your situation, consult a lawyer or notary.