A codicil is a legal document used to make minor amendments to an existing will, such as changing your executor or updating a specific cash gift. In New Brunswick, a codicil must be signed in the physical presence of two independent witnesses to be legally valid. Drafting one with a lawyer typically costs between $250 and $500 CAD.
Life in New Brunswick is constantly changing. Whether you recently welcomed a new grandchild in Saint John, or your appointed executor moved away from Moncton, your estate plan must adapt to your current reality.
Instead of completely rewriting your entire will for one small update, you can use a legal document called a codicil. However, Canadian law is incredibly strict about how these amendments are made. Crossing out a name on your original will with a pen is legally dangerous and can invalidate the entire document. 📍
Step-by-Step Process for Creating a Codicil in New Brunswick
A codicil must be treated with the exact same legal formality as the original will. The Court of King’s Bench will reject any codicil that does not perfectly follow provincial execution rules.
Step 1: Identify the Minor Changes Needed
First, explicitly identify what needs changing. Codicils are perfect for small, isolated updates. For example, changing the name of a guardian for your children, updating an executor, or adding a $5,000 charitable donation. 📄
If you are fundamentally changing how your entire estate is divided, removing a major beneficiary, or going through a divorce, a codicil is not appropriate. In those cases, you should draft an entirely new will to avoid legal confusion.
Step 2: Have a Law Firm Draft the Codicil
It is strongly advised to hire a local law firm to draft the codicil. The wording must specifically refer to your original will by its exact date to tie the two documents together.
For instance, the lawyer will use language like: “I declare this to be the First Codicil to my Last Will and Testament dated April 10, 2020…” This ensures the probate court understands exactly how the documents interact.
Step 3: Sign in Front of Two Independent Witnesses
Under the New Brunswick Wills Act, you must sign the codicil in the presence of two adult witnesses who must also sign the document. Both witnesses must be present in the room at the exact same time. 👥
Crucially, neither witness can be a beneficiary named in the codicil or the original will, nor can they be married to a beneficiary. If a beneficiary acts as a witness, any gift left to them will be legally voided.
Step 4: Attach and Store the Documents Together
Once signed, the codicil must be stored safely with the original will. Do not staple or physically alter the original will to attach the codicil, as staple holes or un-stapling can cause a judge to suspect the document was tampered with. Simply place them together in the same secure envelope or law firm vault.
When to Use a Codicil vs. a New Will
| Scenario | Use a Codicil | Draft a Completely New Will |
|---|---|---|
| Changing an Executor | Yes, this is an ideal use for a simple codicil. | Not necessary unless there are other major changes. |
| Divorce or Marriage | No, too complex. | Yes. Major life events drastically alter your estate plan. |
| Adding a Small Gift | Yes, easily added with a codicil. | Only if the gift disrupts the percentages of the main estate. |
| Disinheriting a Child | No, highly risky and open to litigation. | Yes, requires a fresh will with careful legal language. |
How Much Does it Cost in New Brunswick?
Updating your estate plan is highly affordable, especially when using a codicil instead of starting from scratch:
- Lawyer Fees for a Codicil: Having a family lawyer draft and properly execute a codicil generally costs between $250 and $500 CAD.
- Lawyer Fees for a New Will: For comparison, drafting a brand new, standard will usually costs $500 to $1,000 CAD for an individual.
- Affidavit of Execution: Your lawyer will also complete this required sworn statement for the witnesses, which is usually included in the codicil drafting fee.
How Long Does the Process Take?
Drafting and signing a codicil is a very fast process. Once you provide your lawyer with the requested changes and a copy of the original will, the new document can usually be drafted and signed within 1 to 2 weeks. ⏱
The actual signing appointment in Fredericton or Moncton takes less than 15 minutes.
Frequently Asked Questions (FAQ)
Can I just cross out a name on my original will?
Absolutely not. Hand-written changes, cross-outs, or initialing over sections on the original typed will are generally ignored by the Court of King’s Bench. Altering the original document can actually invalidate the entire will.
How many codicils can I have?
There is no legal limit, but having more than two codicils makes your estate plan incredibly confusing for your executor. If you need a third codicil, it is highly recommended to draft a completely new, clean will.
Does a codicil need to be notarized?
In New Brunswick, the codicil itself does not need a notary seal, but one of the witnesses must swear an “Affidavit of Execution” before a Notary Public or Commissioner of Oaths to prove the signatures are real. Lawyers handle this during the signing.
Can I write a codicil myself on a piece of paper?
You can write a holographic (completely handwritten) codicil, but it is extremely risky. If the wording is vague or contradicts the original will, your family could end up in an expensive legal dispute. Using a law firm is vastly safer.
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