How to Change Your Will in Ontario
- In Ontario, you can change your will by making a formal alteration on the existing document (signed and initialled before two independent witnesses), by adding a codicil — a separate legal supplement that amends specific provisions — or by revoking the old will entirely and executing a new one.
- A codicil is suitable for minor changes such as updating a beneficiary's name, swapping an executor, or adding a small bequest; it must be witnessed by two people who are not beneficiaries and who are not married to a beneficiary.
- For significant changes — multiple updates, new major assets, or a change in family structure — estate lawyers in Ontario generally recommend drafting a new will that contains an explicit revocation clause cancelling all prior wills and codicils.
- As of January 1, 2022, marriage no longer automatically revokes a will in Ontario; the Accelerating Access to Justice Act, 2021 repealed the old rule, so a will made before a marriage now remains valid — though you may still wish to update it to reflect your new family circumstances.
- Divorce does not cancel an entire will in Ontario; under section 17(2) of the Succession Law Reform Act, it causes the will to be read as if the former spouse had predeceased the testator, revoking only bequests and executor appointments made in that person's favour, while the rest of the will remains effective.
Your Will Is Not Set in Stone
You signed your will a few years ago. Since then, a lot has happened — a new baby, a separation, a home purchase, a falling-out with the person you named as executor. The names and wishes in that document may no longer reflect the people in your life or the assets you actually own.
The good news is that Ontario law gives every adult the right to change their will at any time, as long as they have the mental capacity to do so. Updating a will is not a sign that something has gone wrong — it is a sign that your life is moving forward. The law is designed to accommodate that.
There are three recognised ways to make a change: a formal alteration directly on the will, a codicil (a separate legal document that amends specific parts of your existing will), or a brand-new will that expressly cancels the old one. Each method has different requirements and suits different situations. Understanding which path fits your needs can save your family significant confusion — and legal cost — later on.
Pick Your Path: Which Method Do You Need?
Before you put pen to paper, it helps to know which route applies to your situation. Here is a plain-language breakdown of the four decision paths Ontario residents typically fall into:
- Fixing a typo in a beneficiary's name
- Updating an executor's contact details
- Correcting a single clause wording
- Adding or removing a beneficiary
- Changing the amount left to someone
- Naming a guardian for a minor child
- Marriage after January 1, 2022
- Divorce, new child, or new property
- Multiple sections to update
- Will was never properly witnessed
- Document is very old or hard to read
- You are not sure your old will is still valid
Note that a formal alteration — meaning a change written or typed directly onto the original will document — is the riskiest of the three methods. Under section 18 of the Succession Law Reform Act (the main Ontario statute governing wills), alterations made after a will is signed are only valid if they are signed and initialled by the testator (the person who made the will) and both original witnesses in the right location. This requirement is rarely met, which is why most Ontario estate lawyers recommend a codicil or a new will instead.
Alteration vs. Codicil vs. New Will — Side by Side
Each method carries different legal requirements, risks, and costs. Here is a summary to help you compare:
A testator is the person who created the will. An executor (sometimes called an estate trustee in Ontario) is the person named to carry out the will's instructions. A beneficiary is anyone who receives something under the will.
| Method | When to Use | Witnessing Required | Risk Level | Relative Cost |
|---|---|---|---|---|
| Formal Alteration | Tiny corrections only | Testator + both original witnesses must initial at the alteration and sign a memorandum | Higher — rarely done correctly | Low if done properly; high if disputed |
| Codicil | One or a few targeted changes | Testator + 2 independent witnesses (same rules as a new will) | Medium — risk of conflicting documents if poorly drafted | Typically lower than a new will |
| New Will | Multiple changes; major life events; clarity required | Testator + 2 independent witnesses, both present simultaneously | Lowest — clearest outcome at probate | Varies by complexity; generally moderate |
When multiple codicils accumulate over the years, they can create confusion at probate — the process by which an Ontario court formally validates a will and grants authority to the executor. A single, clear new will that expressly revokes all prior documents is often the cleaner and safer long-term choice, particularly if your estate includes real property, a business, or complex beneficiary arrangements.
Working with an estate lawyer in Ontario ensures that whichever method you choose is properly drafted and executed, reducing the risk of a challenge after you are gone.
What Life Events Actually Change Your Will Under Ontario Law
Marriage After January 1, 2022
For many years, getting married in Ontario automatically cancelled any will you had already made. That rule no longer applies. The Accelerating Access to Justice Act, 2021 repealed section 16 of the Succession Law Reform Act, meaning that wills made before a marriage on or after January 1, 2022 remain valid after the wedding.
However, this reform only applies to marriages that occurred on or after January 1, 2022. If you married before that date and had a will at the time, that will was likely revoked by your marriage under the old rule — and the 2022 reform does not revive it. If this applies to your situation, speaking with an estate lawyer to confirm whether you currently have a valid will is an important first step.
Even if your existing will remains valid after a recent marriage, it may no longer reflect your intentions. A newly married testator may want to add a spouse as a beneficiary, update an executor appointment, or make new provisions for children from the relationship.
Divorce
Divorce does not cancel your entire will in Ontario. Under section 17(2) of the Succession Law Reform Act, a legal divorce causes the will to be read as though your former spouse predeceased you. This means any gifts or property you left to that person and any appointment of them as executor are automatically revoked — but the rest of your will stands.
Separation alone does not have this effect. If you are separated but not yet legally divorced, your will remains unchanged in full, including any provisions in your former spouse's favour. If you are going through a divorce, updating your will promptly is strongly advisable rather than relying on the automatic statutory protection.
Other Life Events That Require a Voluntary Update
These common life events do not automatically change your will, but each one is a strong signal that a review may be overdue: the birth or adoption of a child or grandchild; the death of a named beneficiary or executor; the purchase or sale of a major asset such as a home or business; moving to another province; or a significant change in your financial situation. Taking time to review your will after any of these events helps ensure your wishes are still accurately captured.
| Life Event | Automatic Effect on Will | Update Recommended? |
|---|---|---|
| Marriage After Jan 1, 2022 |
✔ None — will remains valid SLRA s.16 repealed Jan 1, 2022 |
Consider update |
| Marriage Before Jan 1, 2022 |
✘ Revokes entire will SLRA s.16 (now repealed) |
New will required |
| Divorce | ⚠ Revokes spouse-related provisions only SLRA s.17(2) — rest of will stands |
Full review needed |
| Separation | No automatic effect Former spouse remains in will as-is |
Strongly advised |
| New child or grandchild | No automatic effect Child not automatically included |
Yes — include them |
| Death of a beneficiary | Anti-lapse rules may apply SLRA s.31 — outcome varies |
Name an alternate |
| Major new asset | No automatic effect Asset may not be captured in old will |
Update asset schedule |
How to Change Your Will in Ontario: Step by Step
Once you have decided which method suits your situation, here is what the process typically looks like:
-
1
Assess the Scope of Your Changes
Consider how many provisions need updating and how significant each change is. If you are making one or two small amendments — such as changing an executor or adding a new beneficiary — a codicil may be appropriate. If several sections need revising, or if a major life event has altered your estate picture substantially, a new will is typically the more practical choice.
-
2
Draft the Document Clearly
If proceeding by codicil, the document must clearly identify the original will by its date and your full legal name, state precisely which provisions are being revoked, and set out the replacement language. Use full legal names for all people and institutions mentioned. Vague or ambiguous language can create disputes that a court — and your beneficiaries — will need to resolve later.
-
3
Execute the Document Properly
Both a codicil and a new will must be signed by you in the simultaneous presence of two witnesses. Those witnesses must both be present at the same time, must be at least 18 years old, and must not be beneficiaries under the will or married to a beneficiary. All three of you — you and both witnesses — must sign. The Succession Law Reform Act sets out these requirements at sections 4 through 7, and courts are strict about compliance.
-
4
Store the Document Securely
Keep the signed original with your estate lawyer, in a fireproof safe at home, or in a safety deposit box. Make sure your executor knows where to find it. This is also a good time to review your powers of attorney at the same time — your continuing power of attorney for property and your power of attorney for personal care should reflect the same trusted people named in your updated will.
-
5
Destroy the Old Will if Replaced
If you have executed a new will, the new document should contain an express revocation clause — such as "I revoke all former wills and codicils previously made by me" — and you should safely destroy all originals of prior wills to prevent them from being mistakenly filed with the court. Shred rather than simply discard; an intact prior will found after your death can trigger a dispute about which document governs your estate.
- ❌ Crossing out or writing on an existing will without witnesses. Under section 18 of the Succession Law Reform Act, unwitnessed handwritten changes made after signing have no legal effect. The original wording remains in force, and the markings may raise questions about the testator's intentions.
- ❌ Using a beneficiary as a codicil witness. If a person who witnesses your codicil stands to benefit from the will, their gift under that document may be voided — even if the rest of the codicil is valid. Choose witnesses who have no financial stake in your estate.
- ❌ Failing to date the codicil. An undated codicil creates ambiguity about which version of the will was operative at which point. Courts may struggle to determine the testator's final intentions, potentially triggering a contested estate process.
- ❌ Keeping the old will after signing a new one. Multiple original wills in circulation invite disputes at probate. An executor or family member who discovers the earlier document may inadvertently file it — or a beneficiary may argue it represents your final wishes. Safely destroy prior originals once the new will is validly signed and witnessed.
- ❌ Assuming marriage still revokes your will. Some sources still repeat the old rule. As of January 1, 2022, marriage no longer automatically voids a will in Ontario. Acting on this outdated belief may lead you to think your existing will is invalid when it is still in full force — or, in the reverse, to leave a new spouse unprotected because you assumed the law would take care of it.
- ❌ Assuming divorce cancels the entire will. Divorce in Ontario revokes only the provisions relating to your former spouse under section 17(2) of the Succession Law Reform Act. The remainder of the will stands. If you relied on a former spouse to act as a backup executor or alternate beneficiary, those roles may now be vacant without you realising it.
- ❌ Making changes without testamentary capacity. Any change executed during a period of diminished mental capacity is legally vulnerable. If someone later challenges the amendment on capacity grounds, the court will consider medical evidence, witness observations, and the circumstances of signing. Having a lawyer attend the signing can help create a contemporaneous record of capacity.
- Succession Law Reform Act, RSO 1990, c S.26 — ss.3–7, 6, 15–17, 18, 19, 21.1, 31. ontario.ca/laws/statute/90s26
- Accelerating Access to Justice Act, 2021, SO 2021, c.4, Sched.9 — Repeals SLRA s.16 (marriage revocation), adds s.21.1 (substantial compliance). ontario.ca/laws/statute/21a04
- Steps to Justice — "Decide if you want to change your will or make a new one" (reviewed December 2024). stepstojustice.ca
- Steps to Justice — "When should I update my will?" (reviewed July 2025). stepstojustice.ca
- Law Society of Ontario — Estate Administration resources. lso.ca
- Ontario Bar Association — Oops, I Blew the Formalities: SLRA s.21.1 case summary (October 2023). oba.org
- McKenzie Lake Lawyers — Major Legislative Changes to Ontario SLRA (January 2022). mckenzielake.com
- Government of Ontario — ontario.ca/laws (official statute database). ontario.ca/laws
Any change to a will also requires that you have testamentary capacity — that is, you must understand what property you own, who your natural beneficiaries are, and the effect of what you are changing — at the exact moment you sign. A change made during a period of mental incapacity may be challenged and set aside in court.
Mistakes That Can Invalidate Your Will Changes in Ontario
These are the most common errors Ontario residents make when trying to change a will — and the ones most likely to cause problems at the worst possible time:
Frequently Asked Questions About Changing a Will in Ontario
Can I change my will myself in Ontario without a lawyer?
Yes, Ontario law permits you to make changes to your will without a lawyer, provided you follow the formal witnessing requirements under the Succession Law Reform Act. A codicil drafted and signed at home is legally valid if it is in writing, dated, signed by you, and witnessed by two independent adults who are not beneficiaries.
That said, the risks of DIY changes are real. A small drafting error — ambiguous language, an improper witness, or a missing date — can render the amendment void or trigger a contested estate. For anything beyond the most straightforward correction, professional assistance is generally worth the investment.
How many times can you change your will in Ontario?
You can change your will as many times as you wish, provided you have testamentary capacity each time you execute a change. There is no legal limit to the number of codicils or new wills you can make over your lifetime.
However, accumulating many codicils over time can create a complex, difficult-to-interpret document chain. When changes are substantial or numerous, replacing the existing will with a single, comprehensive new document is typically the cleaner approach.
Does getting married cancel my will in Ontario?
Not anymore — if you married on or after January 1, 2022. The Accelerating Access to Justice Act, 2021 repealed the rule in section 16 of the Succession Law Reform Act that had automatically revoked a will upon marriage. A will that existed before a marriage taking place on or after that date now remains valid.
If you married before January 1, 2022 and had an existing will at the time, that will was likely revoked by your marriage under the old law, and the 2022 reform does not restore it. In that situation, a legal review is strongly advised to determine whether you currently have a valid testamentary document.
What happens to my will if I get divorced in Ontario?
A legal divorce in Ontario does not cancel your entire will. Under section 17(2) of the Succession Law Reform Act, the will is interpreted as though your former spouse predeceased you — automatically revoking any gifts, property interests, and executor appointments made in their favour, while leaving the remainder of the will intact.
Separation alone does not trigger this protection. If you are separated but not yet divorced, your former spouse may still be a beneficiary and executor under your existing will. Reviewing and updating your estate plan as soon as possible after a separation is advisable.
Is a handwritten change to my will legal in Ontario?
A handwritten change made directly on an existing typed will is only valid in Ontario if it meets the strict witnessing requirements of section 18 of the Succession Law Reform Act — meaning the testator and both original witnesses must sign or initial at the correct location on the document. In practice, this is difficult to execute properly and is rarely done correctly.
A different type of handwritten document — a holograph codicil, which is an amendment written entirely in the testator's own handwriting and signed by them — does not require witnesses under section 6 of the Succession Law Reform Act. However, holograph codicils must be interpreted carefully and can raise issues about clarity and intent. Legal advice before relying on this method is strongly recommended.
What is a codicil and is it legally binding in Ontario?
A codicil is a separate legal document that amends specific parts of an existing will without replacing the entire document. It must clearly identify the original will by date and testator name, state what is being changed, and be executed with the same formalities as the original will — signed by the testator in the presence of two independent witnesses, all present simultaneously.
Yes, a properly executed codicil is fully legally binding in Ontario. It forms part of your testamentary record and is read alongside your original will when your estate is administered.
Can I update my will to include my digital assets and cryptocurrency?
Yes. Under section 2 of the Succession Law Reform Act, a testator may dispose of any property they own — including digital property — through their will. This means you can update your will to include digital assets such as cryptocurrency wallets, online accounts, and digital files, either through a codicil or a new will with specific enabling language.
Practical planning matters here. Sensitive credentials such as private keys and passwords should never be written directly into the will itself, since wills become public at probate. Instead, consider referencing a confidential digital inventory stored separately, and granting your executor explicit authority over digital property in the will's language.
How do I revoke my will completely in Ontario?
Ontario law recognises two ways to fully revoke a will. The first is to execute a new will that contains an express revocation clause — this is the most common and recommended approach. The second is to intentionally physically destroy the will — for example, by burning or tearing it — in the presence of the testator and with the clear intention to revoke it. The destruction can also be carried out by another person at the testator's direction and in their presence.
Accidental destruction does not constitute revocation. Both the act of destruction and the intention to revoke must exist simultaneously. Once revoked, a prior will cannot simply be reinstated by reversing the destruction — reviving a previously revoked will requires a valid codicil or new document that expressly restates the intention to revive it, under section 19 of the Succession Law Reform Act.
When to Speak With an Estate Lawyer in Ontario
Changing a will in Ontario is a legal right every adult holds — but exercising that right correctly matters. The three key points to carry forward: the method you choose (alteration, codicil, or new will) should match the scale of your changes; the 2022 repeal of the marriage-revocation rule means your existing will may be more durable than you think; and divorce removes spouse-related provisions automatically but leaves the rest of your will standing.
Whether your situation is straightforward or complex, taking a few hours to review your will with a qualified lawyer now can prevent months of dispute for the people you leave behind. Estate planning is one of the most concrete acts of care you can extend to your family.
Ready to Update Your Will?
Whether you need a simple codicil or a comprehensive new will, the team at Nihang Law can guide you through the process — clearly, efficiently, and at a pace that works for you.
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About the author
Qasim Ali
Principal Lawyer · Nihang Law Professional Corporation · Toronto & Scarborough, Ontario · Law Society of Ontario
Qasim Ali is the Principal Lawyer at Nihang Law Professional Corporation, serving clients across Toronto, Scarborough, and the broader Greater Toronto Area. He provides full-service legal representation across immigration, real estate, family law, criminal law, civil litigation, employment law, wills and estates, and business law.
Nihang Law is particularly recognized for its depth in immigration and real estate law — a combination that serves newcomers and growing families navigating both legal systems simultaneously.
Learn more about Qasim Ali →Sources & References
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