Wills and Estates

Changing Your Will

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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.”

An elderly woman is reading some papers while sitting on her couch.

This article in short:

  • You can change your will through a codicil that is notarized, made before witnesses, or holograph (handwritten).
  • You can change your will multiple times.
  • Changing your will on your own can make it hard to interpret after you die.

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 have a tutorship or 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.

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.