Once a Will is signed, sealed, and safely stored away, many people assume their estate planning is finished. In reality, a Will should not be treated as a document that is completed once and then forgotten. Over time, life circumstances change, and those changes can affect how your estate should be handled.
We frequently see clients come to our office with estate documents that were prepared years earlier and no longer reflect their current family situation or assets. Unfortunately, outdated Wills are one of the most common causes of family disputes when an estate is being administered.
If you already have a Will or other estate planning documents in place, it is important to revisit them periodically to ensure they still reflect your wishes and your current circumstances. Reviewing your Will every few years or after a major life event can help avoid confusion and prevent unnecessary legal complications later.
Below is an overview of when you should consider updating your Will and how those changes can legally be made in Alberta.
Why It Is Important to Review Your Will Regularly
Many people complete their estate planning and assume their wills will remain accurate forever. However, life rarely stays the same for long.
Family structures change, new assets are acquired, and relationships evolve over time. A Will that accurately reflected your intentions ten years ago may no longer capture your current wishes.
When a Will becomes outdated, it can create uncertainty about the deceased’s intent. In some cases, this uncertainty leads to disputes among family members or complications during the estate administration process.
Reviewing your Will periodically helps ensure that your estate plan continues to reflect your intentions and that the instructions left for your executor are clear and up to date.
When You Should Update Your Will
A good rule of thumb is to review your Will whenever there has been a significant change in your life.
Major life events often affect how your estate should be structured. For example, purchasing a new home, welcoming a new child into the family, or entering into a marriage are all events that may require updates to your existing estate planning documents.
Other life changes can also affect your Will. Moving to a new city or province, going through a divorce or separation, or acquiring new assets may all create situations where your existing Will no longer accurately reflects your wishes.
Even if your life circumstances remain relatively stable, it is still a good idea to revisit your estate planning documents every three to five years. People often find that their priorities or intentions have changed when they review documents that were written many years earlier.
Regular reviews help ensure your Will continues to reflect both your family structure and your personal wishes.
How Changes to a Will Are Made in Alberta
In Alberta, there are two main ways to update an existing Will.
Changes can be made either by creating a Codicil or by preparing an entirely new Will. Each method has its own purpose and is suitable for different types of changes.
Before making any changes to an existing Will, it is strongly recommended that you seek legal advice. If changes are made incorrectly, there is a risk that the Will could become invalid, even if the intention were only to make a small adjustment.
Understanding the difference between these two methods can help determine the best way to update your estate planning documents.
What Is a Codicil?
A Codicil is a short document that modifies an existing Will. Think of it as a small amendment to the original document rather than a full replacement.
The original Will remains valid and in effect, but the Codicil updates certain instructions within it.
Codicils are typically used for relatively minor changes. For example, they may be appropriate when replacing an executor, removing a beneficiary, or adjusting how a particular asset is distributed.
Although a Codicil is shorter than a Will, it must still meet the same legal requirements for execution. In Alberta, a Codicil must be signed and witnessed in the same way as a Will, meaning two witnesses must observe the signing and sign the document themselves.
The witnesses must also complete a witness affidavit using the Alberta Court Form GA8. Once the affidavit is completed, the document must be properly stamped to confirm that the requirements have been met.
Storage of a Codicil is also very important. Because the Codicil modifies an existing Will, it must be stored together with the original document. In many cases, the Codicil is physically attached to the original Will so that both documents can be located together when the estate is administered.
When It Is Better to Create a New Will
If multiple changes need to be made to an existing Will, it is often better to create a brand new Will rather than relying on a Codicil.
Preparing a new Will helps avoid confusion between old instructions and new ones. When a new Will is drafted properly, it replaces the previous document entirely and clearly reflects the most recent wishes of the person making the Will.
In Alberta, creating a new Will requires the document to be signed by the person making it and witnessed by two individuals. Those witnesses must also swear a witness affidavit using Court Form GA8, confirming that they observed the signing.
Once a new Will is created, it is very important that the previous Will be destroyed. Keeping multiple versions of a Will can create uncertainty about which document reflects the person’s final intentions.
For this reason, it is generally recommended that older Wills be destroyed once the new document has been properly executed. This helps ensure there is no confusion for family members or executors when it comes time to administer the estate.
Why Legal Guidance Matters When Updating a Will
Because a Will is such an important legal document, it is essential that any updates be completed correctly.
Improper witnessing, missing affidavits, or unclear wording can create problems later when the estate is administered. In some cases, mistakes in execution can even result in parts of the Will being declared invalid.
Working with a lawyer helps ensure that your documents are prepared in accordance with Alberta law and that your intentions are clearly reflected in the final document.
Professional guidance can also help determine whether a Codicil or a new Will is the better option, depending on the changes being made.
Updating Your Will With Robertson LLP in Calgary
At Robertson LLP, we assist clients in Calgary with updating and reviewing their estate planning documents to ensure they remain accurate and legally enforceable.
Our team regularly works with clients who need to update their existing Wills following major life changes, the acquisition of new assets, or evolving family circumstances. We can help determine whether a Codicil or a new Will is the most appropriate option and ensure that all legal requirements in Alberta are properly followed.
Since 2012, our firm has helped clients navigate estate planning with practical guidance and clear advice.
If your Will has not been reviewed in several years or if your circumstances have recently changed, it may be time to revisit your estate planning documents to ensure they still reflect your wishes.
