Revoking and Changing a Will

You can change or revoke your will at any time before you die as long as you have the capacity to do so. You may want to change or revoke your will because you changed your mind or because there has been a change in your personal life. For example:

  • A marriage or divorce,
  • A death,
  • New children or grandchildren, or
  • A change in your finances or property.

In these situations, changing or revoking your will so that it reflects your current wishes and your current financial situation can help reduce confusion after you die. But there is a process you must follow. Making a new will does not automatically revoke or change your old will.

To revoke a will means to cancel all or part of your will. Generally, a will is revoked one of two ways:

  • You revoke your will, or
  • The law revokes your will.

You can revoke your will at any time before you die, as long as you have capacity to do so. A will must be revoked in a specific way that is set out in the Wills Act. Usually, you revoke your will by creating a new will that clearly states that all previous wills are revoked. Revoking a will can be complicated. You should contact a lawyer for help with revoking your will.

The law can also revoke your will for legal reasons, usually because of changes in your personal life. For example, getting married will normally revoke your existing will unless you’ve written in specific way.

A lawyer can tell you if a change in your personal circumstances has revoked your will.

You may change your will at any time before you die as long as you have the capacity to do so. Changing a will is different from revoking your will.

Changing a will must be done in a specific way. The Wills Act outlines how a will may be changed. Your changes might be invalid if they don’t follow these rules. A lawyer can tell you the best way to change your will.

If you write changes into your will yourself, it can cause issues with the validity of your will. You should get legal advice before you make changes that way.

Why Change Your Will?

Changes in your personal life can affect your will. Your will could become harder to execute, the gifts in your will can be become invalid, or your will could even be revoked by law. Keeping your will updated can help avoid these problems.

You should ask a lawyer to review your will every three to five years or whenever there is a change in your marital status, family circumstances, or estate. This will help make sure that your will is still valid and that it still reflects your wishes.

You may want to update your will if your marital status has changed. When you get married, it creates new legal rights for your spouse which could make your old will invalid. If you are separated or divorced, those legal rights are different and you may want to change what your spouse or ex-spouse will inherit from you.

You may also want to change your will if your family status changes, for example, if you have a new child, adopt children, or your children become legal adults. This can affect your old will because you have an obligation to support your dependent children in your will.

You may also want to change your will for other reasons, for example:

  • You move to a new province,
  • You buy or sell property,
  • You want to change your executor, trustee, or guardian,
  • Your executor, trustee, or guardian has died, or
  • You have had another large change in your personal or financial life.