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Codicil to Will Template
A Codicil is a separate testamentary instrument that amends one or more provisions of your existing Will without revoking it. Our free Canadian template is province-aware (Ontario SLRA s.21.1, BC WESA s.58, Alberta WSA s.37), satisfies the same formal-execution rules as a Will (two witnesses, both present at the same time), and supports the structured multi-amendment schedule, the republishment + after-acquired-property recital, the witness affidavit of execution for probate, and the Banks v Goodfellow capacity acknowledgment.
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FIRST CODICIL TO LAST WILL AND TESTAMENT
Province Of Ontario, Canada
TESTATOR
Margaret Anne Whitfield
218 Roxborough Drive, Toronto, ON M4W 1X3
DOB: 1958-04-22
DOB: 1958-04-22
Prior Will dated: 2020-03-10
Codicil date: 2026-06-15 · Province: Ontario
I, Margaret Anne Whitfield, of 218 Roxborough Drive, Toronto, ON M4W 1X3, in the Province of Ontario, being of the age of majority, of sound disposing mind, memory and understanding within the meaning of Banks v Goodfellow (1870) LR 5 QB 549 as applied in Canada (see Hall v Bennett Estate, 2003 CanLII 7157 (ON CA)), and not acting under any duress, menace, fraud or undue influence of any person whatsoever, do hereby declare this instrument to be the First Codicil to my Last Will and Testament dated 2020-03-10 (the "Will"). I make this Codicil in accordance with the Succession Law Reform Act, R.S.O. 1990, c. S.26 and intend that it be read and construed with, and as part of, my Will.
1.
IDENTIFICATION OF THE WILL AMENDED BY THIS CODICIL
This Codicil amends my Will dated 2020-03-10. Where the provisions of this Codicil are inconsistent with the provisions of my Will, the provisions of this Codicil shall prevail to the extent of the inconsistency. In all other respects my Will shall continue in full force and effect.
2.
AMENDMENTS TO MY WILL
The following amendments to my Will are made to reflect changes in my family circumstances and asset holdings since the date of the prior Will, including the birth of my grandchild Oliver in 2024 and the opening of a new investment account.
(1) REPLACE. Target: Clause 5 of my Will.
I give my Sub-Zero refrigerator (Model BI-48SD/S/PH) to my daughter, Sophie Whitfield, absolutely. If Sophie predeceases me, this gift shall lapse and the refrigerator shall fall into the residue of my estate.
(2) ADD GIFT. Target: My grandchild Oliver Whitfield Brooks.
I give the sum of $25,000 (twenty-five thousand Canadian dollars) to my grandchild Oliver Whitfield Brooks, to be held in trust for him by his parents Sophie Whitfield and Marcus Brooks until he attains the age of 25, at which time it shall be paid to him absolutely.
(3) ADD CLAUSE. Target: New Clause 12 of my Will.
I give my investment portfolio at TD Direct Investing (account 9876543), including all securities and cash held therein at the date of my death, to my son Daniel Whitfield, absolutely. If Daniel predeceases me, this gift shall pass to his issue per stirpes, and failing such issue shall fall into the residue of my estate.
(1) REPLACE. Target: Clause 5 of my Will.
I give my Sub-Zero refrigerator (Model BI-48SD/S/PH) to my daughter, Sophie Whitfield, absolutely. If Sophie predeceases me, this gift shall lapse and the refrigerator shall fall into the residue of my estate.
(2) ADD GIFT. Target: My grandchild Oliver Whitfield Brooks.
I give the sum of $25,000 (twenty-five thousand Canadian dollars) to my grandchild Oliver Whitfield Brooks, to be held in trust for him by his parents Sophie Whitfield and Marcus Brooks until he attains the age of 25, at which time it shall be paid to him absolutely.
(3) ADD CLAUSE. Target: New Clause 12 of my Will.
I give my investment portfolio at TD Direct Investing (account 9876543), including all securities and cash held therein at the date of my death, to my son Daniel Whitfield, absolutely. If Daniel predeceases me, this gift shall pass to his issue per stirpes, and failing such issue shall fall into the residue of my estate.
3.
CONFIRMATION OF UNAMENDED PROVISIONS
Save as expressly amended by this Codicil, I hereby confirm and republish my Will dated 2020-03-10 in all respects. Any provision in my Will that is inconsistent with the amendments set out above is revoked to the extent of the inconsistency; all other provisions remain in full force and effect.
4.
REPUBLISHMENT OF MY WILL
By the execution of this Codicil, my Will dated 2020-03-10 is, for all purposes, deemed to be republished as of the date of this Codicil. The Will and this Codicil shall be read together as one testamentary instrument, expressing my fixed and final testamentary intentions as at the date of this Codicil.
The republishment effected by this Codicil is intended to (and does) cause any residuary gift in my Will to extend to all property of which I am the owner at the date of my death, including all property acquired by me between the date of my Will and the date of my death. This is consistent with the general principle that a republished Will speaks from the date of the most recent Codicil for the purposes of the property it disposes of.
For greater certainty, any class-gift in my Will to a defined class of beneficiaries (such as "my grandchildren" or "my issue") is to be construed as fixing the membership of that class as at the date of this Codicil, and not as at the date of my Will. Any member of such a class who came into existence between the date of my Will and the date of this Codicil is therefore included; any member who ceased to exist before the date of this Codicil is excluded.
The republishment effected by this Codicil is intended to (and does) cause any residuary gift in my Will to extend to all property of which I am the owner at the date of my death, including all property acquired by me between the date of my Will and the date of my death. This is consistent with the general principle that a republished Will speaks from the date of the most recent Codicil for the purposes of the property it disposes of.
For greater certainty, any class-gift in my Will to a defined class of beneficiaries (such as "my grandchildren" or "my issue") is to be construed as fixing the membership of that class as at the date of this Codicil, and not as at the date of my Will. Any member of such a class who came into existence between the date of my Will and the date of this Codicil is therefore included; any member who ceased to exist before the date of this Codicil is excluded.
5.
TESTAMENTARY INTENTION — SUBSTANTIAL COMPLIANCE
If for any reason this Codicil is found not to comply with all of the formality requirements prescribed by section 4 of the Succession Law Reform Act, I expressly record that this Codicil sets out my fixed and final testamentary intentions and that I intend it to operate as a Codicil to my Will. I respectfully ask any court of competent jurisdiction, on the application of my Estate Trustee or any interested person, to exercise its substantial-compliance / curative power under section 21.1 of the Succession Law Reform Act (in force since 1 January 2022) to admit this Codicil to probate as a valid testamentary instrument.
6.
TESTAMENTARY CAPACITY ACKNOWLEDGMENT
I expressly record, having considered the four-part test of testamentary capacity set out in Banks v Goodfellow (1870) LR 5 QB 549 (still the leading authority in Canada, as applied in Hall v Bennett Estate, 2003 CanLII 7157 (ON CA)), that I: (i) understand the nature and effect of this Codicil and the act of amending my Will; (ii) am aware of the nature and extent of the property of which I am disposing under my Will (as amended by this Codicil); (iii) am aware of the persons who might reasonably be expected to be beneficiaries of my estate, and the relative claims to which they are entitled; and (iv) am not affected by any insane delusion that influences the dispositions made by this Codicil or my Will.
7.
NO UNDUE INFLUENCE OR DURESS
I expressly record that I am making this Codicil freely and voluntarily, of my own initiative and choice, and that I am not acting under any duress, coercion, undue influence, suggestion, persuasion or pressure from any person whatsoever — whether a beneficiary under my Will (as amended by this Codicil), a family member, an advisor, a caregiver, or any other person. I confirm that no person has been present in the room with me at the moment of signing this Codicil who is a beneficiary under my Will or the spouse, partner or close family member of such a beneficiary, save for the witnesses named below (neither of whom is a beneficiary or the spouse of a beneficiary). This acknowledgment is intended to record a strong contemporaneous defence against any future challenge to this Codicil on the ground of undue influence.
8.
EXECUTION AND WITNESSING
For this Codicil to be valid as a formally-executed testamentary instrument, I must sign it (or acknowledge my signature) at its end in the presence of two (2) witnesses who are both present at the same time, and each of those witnesses must then sign in my presence, all in accordance with section 4 of the Succession Law Reform Act. Neither witness may be a beneficiary under my Will (as amended by this Codicil) or the spouse of such a beneficiary — section 12 of the Succession Law Reform Act (gift presumptively void if a beneficiary or the spouse of a beneficiary witnesses the Codicil, subject to court rescue under section 12(3)). A holograph Codicil — one wholly in my own handwriting and signed by me, without witnesses — is also valid in the common-law provinces (with the exception of British Columbia, where the s. 58 curative power may instead be invoked).
9.
AFFIDAVIT OF EXECUTION BY WITNESS
An Affidavit of Execution of this Codicil shall be sworn or affirmed by one of the witnesses before Sarah K. Henderson, Barrister and Solicitor and Commissioner for Taking Affidavits in and for the Province of Ontario, at Toronto, using Estates Act, R.S.O. 1990, c. E.21, and Rules of Civil Procedure Form 74.8 (Affidavit of Execution of Will or Codicil). Swearing the Affidavit of Execution at the time of signing (or shortly thereafter) materially streamlines the subsequent probate application, by eliminating the need to locate the witness years later or to file a more burdensome Affidavit of Due Execution or other secondary evidence.
10.
GOVERNING LAW
This Codicil is governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. Its validity, construction and administration are determined under the Succession Law Reform Act, R.S.O. 1990, c. S.26.
IN WITNESS WHEREOF, I have hereunto set my hand and declared this to be the First Codicil to my Last Will and Testament dated 2020-03-10, on 2026-06-15, in the Province of Ontario, Canada, in the presence of Hannah Reilly of 142 Cottingham Street, Toronto, ON M4V 1B9 and Marcus Brooks of 88 Carleton Avenue, Toronto, ON M5T 1L5, who have each signed below at my request, in my presence and in the presence of each other. Neither witness is a beneficiary under my Will (as amended by this Codicil), nor the spouse or partner of such a beneficiary.
TESTATOR
Margaret Anne Whitfield
Date: ____________________
WITNESS 1
Hannah Reilly
Date: ____________________
WITNESS 2
Marcus Brooks
Date: ____________________
Available as a print-ready PDF or an editable Microsoft Word (.docx) file.
What Is a Codicil to a Will?
A Codicil is a separate, formally-executed document that amends one or more specific provisions of an existing Will. Unlike a new Will, a Codicil does not revoke the entire prior Will — it adds to it, replaces specific clauses, or deletes specific provisions, while leaving the remainder of the prior Will intact. It is the standard testamentary instrument used for incremental changes such as adding a beneficiary, replacing an executor, changing a guardianship appointment, adding a specific gift, or correcting a clerical error.
In Canada, a Codicil must comply with the same formal-execution rules as a Will: the testator must sign at the end of the Codicil in the presence of two (2) witnesses who are both present at the same time, and each witness must then sign in the presence of the testator (Ontario Succession Law Reform Act s.4, BC Wills, Estates and Succession Act s.37, Alberta Wills and Succession Act s.15). A holograph Codicil — one wholly in the testator's handwriting and signed by the testator — is valid in most common-law provinces (the exception is British Columbia, where the s.58 curative power may be invoked instead).
When the Codicil is signed, it has the legal effect of REPUBLISHING the underlying Will as of the Codicil date. This matters for three reasons: (a) the residue is treated as covering all property the testator owns at death, including property acquired between the Will date and the Codicil date; (b) the beneficiary class (e.g. "my grandchildren") is determined as at the Codicil date, not the original Will date; and (c) the Will / Codicil is treated as having been signed in compliance with the formality rules in force AT THE CODICIL DATE.
What's Covered in This Template
Our Codicil to Will template covers every element a Canadian estate lawyer would expect.
Testator Identification
Full legal name, address, date of birth, and the province whose wills statute governs.
Prior Will Identification
The exact date of the prior Will being amended — essential for probate to link the Codicil to the right document.
Codicil Number
First / Second / Third — supports multiple successive Codicils over time.
Free-Form Amendments
List each amendment in plain prose — the simplest path for minor changes.
Witnessing Block
Two-witness signature block, with the standard "neither witness is a beneficiary" recital.
Confirmation of Unamended Provisions
Express confirmation that the rest of the prior Will remains in full force and effect (republished as of the Codicil date).
Structured Multi-Amendment Schedule (Expert)
Categorise each amendment as DELETE / REPLACE / ADD CLAUSE / ADD GIFT / ADD EXECUTOR / CHANGE GUARDIAN — eliminates probate interpretive disputes.
Republishment & After-Acquired Property (Expert)
Explicit republishment recital + after-acquired-property extension + beneficiary-class fixing as at the Codicil date.
Witness Affidavit of Execution (Expert)
Sworn before a Commissioner / Notary at signing — streamlines probate (ON Form 74.8, BC Form P9, AB Form NC8).
Substantial-Compliance & Capacity Recital (Expert)
Provincial curative-power recital (ON s.21.1, BC s.58, AB s.37) + Banks v Goodfellow four-part capacity acknowledgment + no-undue-influence defence.
How to Create Your Codicil
Follow these steps to draft a Codicil that satisfies the formal-execution rules and minimises probate disputes.
- 1
Find Your Prior Will
Locate your existing Will and record its exact date. The Codicil identifies the Will it is amending by date — getting this wrong is the single most common probate error.
- 2
List Each Amendment Clearly
For each change, state (a) what existing clause is affected; (b) whether you are DELETING, REPLACING, or ADDING; and (c) the new content. The Expert structured schedule labels each amendment automatically.
- 3
Pick Two Independent Witnesses
Both witnesses must be present at the same time when you sign. Neither may be a beneficiary under the Will (as amended by this Codicil), or the spouse of a beneficiary, or the gift to that beneficiary may be void (ON SLRA s.12, BC WESA s.43, AB WSA s.21).
- 4
Sign in the Presence of Both Witnesses
The testator signs first; each witness then signs in the presence of the testator. The witnesses do not need to read the contents of the Codicil — they only attest to having seen the testator sign.
- 5
Add the Expert Recitals for Probate Strength
The republishment recital, the witness affidavit, the curative-power recital and the Banks v Goodfellow capacity acknowledgment all materially improve the prospects of efficient probate and defence against later challenges.
- 6
Store Securely with the Original Will
Keep the original signed Codicil with the original signed Will, in a secure location known to the Estate Trustee. A photocopy or PDF scan should be lodged with your estate lawyer.
Why Doxuno documents are different
Four things that make our templates more thorough than AI-generated drafts and more current than static template libraries.
Always current
Always current with the law
Templates carrying statute references are continuously updated as the law changes. Your document always reflects the current legal framework.
Free PDF
Print-ready PDF
Free to download. Vector text, embedded fonts, statute citations baked in. Print, sign, file. Ready for any signing flow including electronic signature.
Word · .docx
Editable Word (.docx)
Continue editing in Word after download. Add custom clauses, reuse the template for similar agreements, or share with a colleague for collaborative review.
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Legal Considerations
Codicils are governed by the same provincial wills statutes that govern Wills, and by common-law doctrines that have been developed since Banks v Goodfellow (1870).
This template is for informational purposes only and does not constitute legal advice. Wills and Codicils have significant consequences for your estate and beneficiaries. Consult a qualified Canadian estate lawyer in your province for advice specific to your situation, particularly for substantial estate value, blended families, real property in multiple jurisdictions, or where there is any risk of a capacity or undue-influence challenge.
Reviewed for Canadian federal and common-law-province requirements
Provincial Wills Statutes
Each common-law province has its own wills statute that prescribes the formal-execution rule and the effect of a Codicil. Ontario's Succession Law Reform Act, R.S.O. 1990, c. S.26 — sections 4 (formal will), 6 (holograph will), 7 (testamentary capacity), 12 (beneficiary-witness gift forfeiture), 21.1 (substantial compliance, in force since 1 January 2022). British Columbia's Wills, Estates and Succession Act, S.B.C. 2009, c. 13 — sections 37 (formal will, no holograph), 43 (beneficiary-witness rule), 58 (curative power, broad discretionary). Alberta's Wills and Succession Act, S.A. 2010, c. W-12.2 — sections 15 (formal will), 16 (holograph will), 21 (beneficiary-witness rule), 37 (curative power on clear and convincing evidence).
Banks v Goodfellow Testamentary Capacity
The four-part test for testamentary capacity set out in Banks v Goodfellow (1870) LR 5 QB 549 remains the leading authority in Canada in 2026, applied by the Ontario Court of Appeal in Hall v Bennett Estate, 2003 CanLII 7157. The testator must (i) understand the nature and effect of the act of making a Will / Codicil; (ii) be aware of the nature and extent of the property being disposed of; (iii) be aware of the persons who might reasonably be expected to be beneficiaries; and (iv) not be affected by any insane delusion influencing the dispositions. A contemporaneous capacity recital in the Codicil is a strong defence against later challenges.
Substantial Compliance / Curative Powers
Most common-law provinces now have a substantial-compliance or curative provision that allows the court to admit a non-compliant Codicil to probate if satisfied it embodies the testator's fixed and final testamentary intentions. Ontario SLRA s.21.1 (in force since 1 January 2022) requires the court to find the document sets out the testamentary intentions. BC WESA s.58 applies a two-part test: authenticity and fixed-and-final intention. Alberta WSA s.37 requires clear and convincing evidence of testamentary intention. An explicit recital in the Codicil that the testator intends it to be a Codicil materially strengthens any later curative-power application.
Beneficiary-Witness Forfeiture
Under Ontario SLRA s.12, BC WESA s.43, Alberta WSA s.21, and the equivalent provisions in the other common-law provinces, a gift to a witness or the spouse of a witness is presumptively void. Each province has a court-rescue mechanism — Ontario s.12(3), BC s.43(4), Alberta s.21 — under which the court may uphold the gift if satisfied that no improper or undue influence was exercised. The safest practice is to pick two independent adult witnesses who are not beneficiaries or spouses of beneficiaries.
Republishment Doctrine
The common-law republishment doctrine treats a Codicil as RE-EXECUTING the underlying Will as of the Codicil date. This has three practical consequences: (a) the residue extends to property acquired between the Will date and the Codicil date; (b) the class of beneficiaries (e.g. "my grandchildren") is determined as at the Codicil date, including grandchildren born after the original Will; and (c) the Will is treated as having been signed in compliance with the formal-execution rules in force at the Codicil date — important when the rules have changed (e.g. Ontario's 2020 remote-witnessing rules, BC's 2014 abolition of holograph wills).
Witness Affidavit of Execution
When the Codicil is admitted to probate after the testator's death, an Affidavit of Execution from one of the witnesses is generally required to confirm the signing. Each province has its own prescribed form: Ontario uses Rules of Civil Procedure Form 74.8 (under the Estates Act, R.S.O. 1990, c. E.21); British Columbia uses Supreme Court Civil Rules Form P9; Alberta uses Surrogate Rules Form NC8. Swearing the affidavit at the time of signing (rather than years later at probate) eliminates the risk of the witness being unavailable, deceased, or unable to remember the signing — and materially streamlines the probate application.
Quebec — Excluded From This Template
Quebec is governed by the civil-law regime under the Civil Code of Québec (articles 703 to 730). Wills and Codicils in Quebec follow distinct civil-law rules including notarial wills (acte notarié), holograph wills, and the witnessed will (devant témoins). A separate Quebec-specific Codicil template will follow in a future sprint.
Frequently Asked Questions
Create Your Codicil Now
Build a province-aware Codicil to your Will in minutes. The Free version produces a self-executing Codicil with amendments, two-witness signature block, and confirmation of the unamended provisions of the prior Will. Upgrade to Expert to add the structured multi-amendment schedule with categorised DELETE / REPLACE / ADD types, the explicit republishment + after-acquired-property + beneficiary-class recitals, the witness affidavit of execution (ON Form 74.8 / BC Form P9 / AB Form NC8), the provincial curative-power recital (ON s.21.1 / BC s.58 / AB s.37), the Banks v Goodfellow four-part capacity acknowledgment, and the no-undue-influence defence.
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