In Manitoba, you can make small, specific changes to your existing will using a legal document called a codicil. However, to be valid, a codicil must be signed and witnessed with the exact same strict legal formalities as the original will. If you need to make several changes, drafting a brand-new will is often safer and just as cost-effective.
As the years go by, it is almost guaranteed that your life circumstances will change. Perhaps you want to add a new grandchild to your inheritance, change your executor because your original choice moved away from Manitoba, or leave a specific cash gift to a local charity in Winnipeg or Brandon. Instead of ignoring these changes, you must formally update your estate plan to ensure the Court of King’s Bench upholds your new wishes.
Many people mistakenly believe they can simply pull their original will out of a drawer, cross out a name with a pen, and write in a new one. Doing this physically alters the document and can instantly invalidate your entire will. To make legal modifications, you must use a codicil or draft a new will. We highly recommend browsing our directory to find a local lawyer who can help you execute these changes correctly and safely. 👤
Step-by-Step Process for Creating a Codicil in Manitoba
A codicil is essentially an addendum or a P.S. to your original will. It explicitly states which clause of the original document is being deleted and what new text is replacing it. The process of creating one in Manitoba follows a very specific legal pathway.
Step 1: Assessing the Scope of the Changes
Before proceeding with a codicil, you must evaluate how significant your updates are. Codicils are perfect for minor, isolated changes. For example, changing the name of your backup executor or updating your child’s legal name after they get married. 🔍
However, if you are going through a divorce, getting remarried, or radically altering how your property will be divided among your children, a codicil is the wrong tool. Multiple codicils create a confusing, patched-together estate plan that often leads to interpretation errors and bitter family disputes. In these cases, a full rewrite is required.
Step 2: Drafting the Codicil Document
Your lawyer will draft the codicil to reference your original will by its exact date. The document will clearly state, for example, “I revoke Paragraph 4(a) of my Will dated May 1, 2020, and replace it with the following…”
Crucially, the codicil will also include a clause that legally reaffirms and republishes all the remaining, unchanged parts of your original will, ensuring the overall structure of your estate plan remains completely intact.
Step 3: Signing and Witnessing the Codicil
This is where most DIY estate planners fail. Under The Wills Act in Manitoba, a codicil is considered a testamentary document. This means it must be signed in the physical presence of two independent adult witnesses who then sign it in front of you. ✍
You cannot simply sign a piece of paper by yourself and staple it to your will. If the codicil is not witnessed correctly, the court will ignore it, and your estate will be distributed according to the original, outdated will.
| Change Required | Recommended Method | Reasoning |
|---|---|---|
| Updating Executor’s Address | Codicil | A very minor factual update that does not change the core distribution of the estate. |
| Adding a Small Cash Gift | Codicil | Easily inserted as a new clause without disturbing the rest of the will. |
| After a Separation or Divorce | New Will | Significant shift in family dynamics. A completely clean slate prevents legal ambiguity. |
| Changing Distribution Percentages | New Will | Math errors in codicils can result in an estate not equaling 100%, causing court delays. |
How Much Does It Cost to Amend a Will in Manitoba?
Because law firms draft wills efficiently using modern software, the cost difference between a codicil and a completely new will is often surprisingly small. Here are the typical 2026 costs in Canadian dollars (CAD): 💵
- Drafting a Codicil: Having a lawyer draft and witness a simple codicil generally costs between $200 and $400 CAD.
- Drafting a New Will: If you choose to rewrite the entire document instead, the cost is typically between $400 and $800 CAD.
- Multiple Codicils: If you have an old will and need to make 3 or 4 changes, lawyers will almost always advise paying the $500 CAD for a new will rather than billing you for a highly complex, confusing codicil.
How Long Does the Process Take?
Amending your will with a codicil is a very fast process. Since the foundational work of your estate plan is already done, drafting a minor amendment usually takes a lawyer only 1 to 2 weeks. ⏱
Once the document is ready, you will simply attend a brief 15-minute appointment at the law firm to execute the codicil with the required witnesses. The original will and the newly signed codicil are then stored together in a secure location.
Frequently Asked Questions (FAQ)
Can I just cross out a name and initial it on my original will?
Absolutely not. Hand-written alterations on a typed, formally witnessed will are heavily scrutinized by the Court of King’s Bench. Unless the alterations themselves are properly signed and witnessed by two people in the margins, the court will likely ignore the handwritten changes or, worse, rule the entire will invalid.
Do I have to use the same witnesses for a codicil?
No, you do not need to track down the people who witnessed your original will years ago. You can use any two competent, independent adults who are over 18 and are not beneficiaries (or married to beneficiaries) of the codicil or the original will.
Does a codicil need to be physically attached to the will?
While it does not legally have to be permanently stapled or bound to the original document, it is highly recommended that they are stored together in the same envelope. If your executor finds the original will but does not know a codicil exists in another location, your final wishes will not be honoured.
Can a codicil revoke my entire will?
No, a codicil is designed to amend specific parts of a will. If you wish to revoke your entire will, you should draft a completely new Last Will and Testament that contains a clear revocation clause, officially canceling all previous testamentary documents.
Can I handwrite a codicil myself?
Manitoba law does recognize holograph (entirely handwritten) wills and codicils. However, a holograph codicil modifying a formal typed will is incredibly risky, often leading to legal contradictions and court challenges. It is always safest to have a formal codicil drafted by a professional.
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