Did you made your will a few years ago and would now like to update it? Has your personal situation changed and you want to amend it?
This article will explain you how to modify it.
Changing a Will
A will can be updated in two ways:
- By doing a codicil,
- By making a new testament that supersedes all other wills that have been made before.
Making a codicil
A codicil is a subsequent act of a will to modify it or supplement it. The codicil is a preferred solution when the changes you want to bring to your testament are partial. When the changes are more significant, it is recommended to draw up a new will.
Like a notarial will, the existence of a notarial codicil will be registered in the Office of wills and mandates of Quebec. The codicil made before a notary is a notarial act en minute kept in the notary’s safe. This will allow for easy verification and rapid implementation in case of death. The risk of distraction, degradation, or the loss of codicil is thus eliminated.
The advantages of a notarial codicil and testament
A testament and codicil made before a notary are authentic acts, so they do not need to be checked to ensure validity. Wills and codicils made holograph or before witnesses must be verified by a notary or a court. The verification procedure, which aims to ensure that the document was made by the deceased, has the effect of delaying settlement of the estate. During the audit period, which can take several months, the total assets of the deceased will be blocked. Moreover, the verification process results in additional costs ranging from several hundred to several thousand dollars, depending on the complexity of the case.
Choose a notary to update a will
Please note that there is no obligation to entrust writing your codicil to the same notary who received your original testament. You are free to choose the notary of your choice to change a will. You will just need to provide a copy of your original will.
