Changing Your Will

You made a will a few years ago, but you’ve gone through some life changes and think it’s time for an update. Instead of making a new will, you can write down minor changes in a document attached to your will called a “codicil.”

When should you update your will?

You can change your will anytime. But you must be able to understand what you’re signing, and you can’t be under pressure from someone else to change your wishes.

People over 18 who are under tutorship or who have an activated protection mandate can change their wills in some cases. But a court will decide if the change is valid, and if the person was legally able to sign it .

You can change your will multiple times.

Different ways to update your will

Your codicil must meet the same requirements as a will. In other words, the document must be holograph (written and signed by hand), signed in the presence of witnesses, or prepared by a notary. But you can make changes in a different way from your original will. For example, your codicil can be holograph even though a notary prepared your will.

But if your will or codicil is holograph, or made in the presence of witnesses, it must be validated (“probated”) by the court or a notary after you die, which involves costs and delays.

Changing your will on your own

 If you write your codicil on your own, you should include some details. Here are examples:

• Say what paragraphs in your will you want to cancel.
• Clearly explain the changes you want to make.
• Confirm that the rest of your will remains valid.

A change that seems clear to you might not be clear to other people. That’s why it’s important to be as specific as possible about your wishes to avoid any misunderstandings.

The more changes you add to a single will, the harder it will be to interpret after you die.

Avoiding difficult situations

The birth of a child, buying a home or separating are all good reasons to update your will. Don’t let an existing will determine whom your belongings will go to if your personal situation has changed significantly.

For example, you made a will in which you leave all your belongings to your spouse. A few years later, you separate but you don’t update your will. When you die, the situation may become complicated, because your heirs may not know what you would have wanted. Would you have wanted the clause to no longer apply because of the separation, or for it to remain in place? Your heirs may need to ask a court to decide what you would have wanted under the circumstances.

Making a new will

Sometimes it’s better to make a whole new will. For example, if you’ve already changed your will several times, you can make a new will to make sure your wishes are clear.

In this new will, you can update your wishes, and confirm that all your old wills and their codicils are cancelled. Then keep a copy of your new will, and destroy the old ones and their codicils.

A notary can help with this.