Drafting a codicil in Ontario generally costs between $250 and $500 CAD, while rewriting your entire Will typically costs $800 to $1,500+ CAD. While a codicil is a cheaper fix for minor changes, estate lawyers strongly recommend a complete rewrite for any major life events to avoid confusing contradictions and severe legal disputes under the Succession Law Reform Act.
Life is constantly changing, and a Will drafted a decade ago rarely reflects your current reality. Whether you have welcomed a new grandchild in Toronto, finalized a divorce in Ottawa, or purchased a new home in Kitchener, your estate plan must be updated to match. When it comes time to make these changes, Ontario residents face a choice: draft a short amendment (called a Codicil) or pay a law firm to completely rewrite the entire document from scratch.
Historically, when re-typing a 20-page legal document on a typewriter was a massive chore, codicils were incredibly popular. Today, with digital word processing, many lawyers view codicils as a dangerous relic of the past. A poorly drafted codicil can accidentally contradict your original Will, leading to expensive litigation for your grieving family. Understanding the financial costs, the step-by-step process, and the legal risks of both options is essential before making an appointment. 💸
Step-by-Step Process for Updating Your Estate Plan in Ontario
Any change to your Will must comply strictly with the Succession Law Reform Act. You cannot simply cross out a paragraph with a red pen and initial it; such DIY amendments are generally legally void in Ontario.
Step 1: Assess the Scope of the Change
The first step is evaluating what needs to change. A Codicil is only appropriate for minor, surgical changes. For example, if your chosen Executor moves to Australia and you want to swap in your sister who lives in Mississauga, a simple one-page codicil works perfectly.
However, if you are changing how your wealth is divided (e.g., adding a new child to an equal split, or actively disinheriting someone), you should absolutely rewrite the Will. Major structural changes require a clean slate to prevent any ambiguity. 🔍
Step 2: Consult Your Original Law Firm
If you choose to do a codicil, it is usually cheaper and safer to return to the original lawyer who drafted your Will, as they already have your digital file. If that lawyer has retired, you can hire a new firm, but they will charge you more because they have to read and analyze your old Will first to ensure their new codicil does not break anything.
If you choose to rewrite the entire Will, you can easily go to any estate lawyer in Ontario. The new Will will include a “revocation clause” that officially cancels all previous Wills and codicils you ever signed. 💼
Step 3: Drafting the Document
Your lawyer will draft the new legal wording. A codicil will specifically reference the old document (e.g., “I hereby delete paragraph 4(b) of my Will dated May 1, 2020, and replace it with the following…”).
If you are doing a full rewrite, your lawyer will ask you to fill out a new intake questionnaire to capture any new bank accounts, real estate, or changes in your family structure since your last visit. 📑
Step 4: Formal Execution and Witnessing
In Ontario, a codicil requires the exact same legal formalities as a brand new Will. You cannot just sign it alone in your kitchen.
You must sign the physical document in the direct presence of two independent witnesses who must also sign it. These witnesses cannot be your beneficiaries or the spouses of your beneficiaries. If a beneficiary witnesses your codicil, their inheritance is legally voided. ✍
How Much Does it Cost to Update a Will in Ontario?
The pricing difference comes down to the billable hours required. A codicil takes a lawyer an hour to draft and execute, while a new Will requires an entirely new legal consultation. All prices are standard estimates in Canadian dollars (CAD).
- Simple Codicil: $250 to $500 CAD. Best for changing an executor or adding a small charitable donation.
- Complex Codicil: $400 to $700 CAD. Highly discouraged; if it is this expensive, you should rewrite.
- Rewriting a Simple Will: $800 to $1,200 CAD. A fresh start with zero contradictions.
- Rewriting a Couple’s Mirror Wills: $1,200 to $1,800 CAD for both spouses to get brand new documents.
| Type of Change Required | Recommended Legal Action | Estimated Cost (CAD) |
|---|---|---|
| Replacing a deceased Executor | Draft a Codicil | $300 |
| Adding a specific $5,000 gift to a charity | Draft a Codicil | $350 |
| Getting Divorced or Remarried | Rewrite Entire Will | $1,000+ |
| Disinheriting an estranged child | Rewrite Entire Will | $1,200+ |
It is crucial to remember that if you have multiple codicils (e.g., three separate updates over ten years), your executor must submit all of them to the probate court. If one codicil gets lost, your entire estate plan can fall apart.
How Long Does the Process Take?
Because it is a short document, a local law firm can usually draft a codicil within 1 to 2 weeks of your request.
Rewriting your entire Will requires a bit more administrative time, usually taking 2 to 4 weeks from your initial consultation to the final signing ceremony. If you are facing an emergency medical situation in a hospital, a lawyer can often rush either option within 24 hours. ⌛
Frequently Asked Questions (FAQ)
Can I just cross out my ex-spouse’s name and write in my new partner?
No. Under Ontario law, handwritten alterations on a typed Will are completely ignored by the probate court unless those specific cross-outs are signed and witnessed by two people in the margins. You must draft a formal codicil or a new Will.
Does getting married automatically revoke my old Will?
No longer! In Ontario, the law changed on January 1, 2022. Marriage no longer automatically revokes an existing Will. If you get married, you must actively update your Will or use a codicil to include your new spouse, otherwise your old beneficiaries will inherit everything.
Does getting a divorce revoke my Will?
No, a divorce does not revoke the entire Will. However, Ontario law treats your former spouse as if they died before you. Any gifts to them, or their appointment as Executor, are legally stripped out. Still, a complete rewrite is highly recommended after a divorce to prevent confusion.
What is a Holograph Codicil?
A holograph document is one written entirely 100% in your own handwriting and signed by you, with no witnesses required. While technically legal in Ontario, using a holograph codicil to alter a typed lawyer-drafted Will is incredibly risky and frequently leads to court battles.
Where should I store the codicil?
Your codicil must be kept physically with the original Will. Do not staple or paperclip it to the original Will, as staple holes can make the probate court suspect a page is missing. Keep them together in a secure, fireproof envelope or at your lawyer’s office.
Leave a Reply