Writing a will is not a one-time task. Life changes, and your will needs to keep pace. If you wrote your will years ago and haven’t reviewed it since, there’s a good chance it no longer reflects your actual wishes — or your actual life. Here’s everything you need to know about when to update your will, when to write a new one entirely, and what the process looks like in Canada.
Updating vs. Replacing: What’s the Difference?
There are two ways to change a will in Canada: a codicil and a new will.
A codicil is a formal amendment to your existing will. It must be signed and witnessed with the same formality as the original will. Codicils work well for minor changes — adding a beneficiary, updating an executor, or making a small adjustment to a specific gift. For anything more substantial, writing a new will entirely is cleaner and less prone to confusion.
When you write a new will, it must explicitly revoke your previous will. This is typically done with a standard revocation clause at the opening of the document. Your executor should be made aware of the new will and know where to find it. A will that no one can locate after your death is a will that cannot be followed.
Under Canadian law, a will is also automatically revoked in certain circumstances — most notably, by marriage. If you married or remarried after writing your current will and did not update it afterward, your will may be invalid. This is one of the most common and consequential oversights in estate planning.
Note: divorce does not automatically revoke a will in most Canadian provinces. If you separated or divorced and your former spouse is still named as a beneficiary or executor, that remains in effect until you explicitly change it.
7 Life Events That Mean It’s Time to Review Your Will
1. You got married or remarried
Marriage automatically revokes a will in most Canadian provinces. Write a new will as soon as possible after the wedding — ideally before it, so you’re not left without a valid will in the interim.
2. You separated or divorced
Divorce does not automatically remove your ex-spouse from your will. If you want to change who benefits from your estate or who serves as your executor, you need to write a new will explicitly. Don’t assume separation changes anything legally — it doesn’t.
3. You had or adopted a child
A new child needs to be accounted for in your will — both as a potential beneficiary and, if they’re a minor, in your choice of guardian. Your existing will may not cover a child born or adopted after it was signed. Review and update it promptly.
4. Your financial situation changed significantly
If you’ve acquired major new assets (a home, an inheritance, a business interest, a significant investment portfolio), sold property, or taken on substantial new debts, your will may no longer reflect your actual estate. Review it any time your financial picture changes materially.
5. A beneficiary or executor died or your relationship changed
If someone named in your will has died, or if your relationship with an executor or beneficiary has changed to the point where you’d make a different choice today, update your will. A named executor who is no longer someone you’d trust with the responsibility is a problem that only gets resolved if you act on it now.
6. You moved to a new province
Will requirements vary by province. If you’ve moved, your will is likely still valid — Canadian provinces generally recognize wills made in other provinces — but the rules governing witnesses, executors, and probate may differ. It’s worth reviewing your will with the rules of your new province in mind, and a codicil or new will may be appropriate.
7. Tax laws or estate laws changed
Estate and tax law changes periodically. A will written under a different legal environment may not take full advantage of current rules, or may inadvertently create tax inefficiencies for your estate. If it’s been more than a few years since your last review, it’s worth a look.
How Often Should You Review Your Will?
At minimum, review your will once a year — a tax filing time works well since you’re already reviewing your financial situation. Beyond the annual review, revisit your will any time one of the life events above applies to you. The cost of reviewing and updating is far lower than the cost of an outdated will causing confusion, disputes, or unintended outcomes for your family.
How to Write a New Will in Canada
If your situation has changed enough that a codicil won’t cover it, writing a new will from scratch is simpler than most people expect. For a complete walkthrough of the process — what to include, how to sign it correctly, witness rules by province, and how much it costs — read our guide: How to Write a Will in Canada.
For most Canadians with a straightforward estate, WillKit provides everything you need to write a legally valid will from home, in about 20 minutes, for $59. No lawyer required, no appointment needed, and you can update your will at any time.
Already have a will? Read our guide on when to update or replace it.
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WillKit, brought to you by the trusted name in DIY legal since 1971, Self-Counsel Press, provides comprehensive information about writing a will in Canada. Written by a lawyer, this service is completely legal and valid upon completion, and for simple estates it rids you of the need to hire a lawyer or a notary public.
