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CODICIL

To formally make an amendment to a Will in Ontario, we recommend a Codicil to your already existing Will.  

A Codicil is a written instrument referencing the amendments to be made within your Last Will and Testament and must meet all the same legal requirements as your Will.  For example, the Codicil must be competently drafted, executed by you, and witnessed by two individuals, which we provide.  Even though a Codicil may look similar to your Will, the major difference between the two is that your Codicil cannot speak for your estate on its own and must reference your Will.  Where your Codicil doesn't reference your Will, there is a plausible risk of your Codicil being interpreted as your last executed Will and may have the possibility of revoking your Will, rather than amending it.

 

Also keep in mind, many lawyers will likely avoid the recommendation of a Codicil altogether and charge you full fees for a newly drafted Will.  Should you require minor amendments made to your Will, contact Red Booth Law and will be more than happy to assist you.