Codicils in Alberta: How to Legally Change Your Will
Life changes—and your will should reflect that. Whether you are adjusting a gift, changing an executor, or responding to a new family situation, Albertans often wonder whether they need to create an entirely new will or if a codicil is enough.
A codicil can be a useful estate planning tool, but it must be used carefully. This article explains what a codicil is, how codicils work under Alberta law, when they are appropriate, and when drafting a new will is the safer option.
What Is a Codicil?
A codicil is a legal document that amends an existing will without replacing it entirely. It forms part of the original will and must be read together with it.
Codicils are commonly used to:
- Change an executor or alternate executor
- Adjust specific gifts or beneficiaries
- Update instructions due to minor life changes
They are not intended to overhaul your estate plan.
Legal Requirements for Codicils in Alberta
In Alberta, a codicil must meet the same formal requirements as a will to be valid. This generally means:
- It must be in writing
- It must be signed by the testator
- It must be properly witnessed
If these requirements are not met, the codicil may be invalid—leaving the original will unchanged and potentially creating confusion during estate administration.
When a Codicil May Be Appropriate
Codicils are typically suitable when changes are:
- Limited in scope
- Easy to understand
- Unlikely to affect other parts of the will
Examples include updating a specific gift or correcting a clerical error. In these situations, a codicil can be a practical and efficient solution.
When a New Will Is Usually the Better Option
Codicils are not always advisable. Creating a new will is often the better choice when:
- Multiple changes are required
- Family circumstances have changed significantly
- The existing will is outdated or unclear
- There is a risk of inconsistency or ambiguity
Multiple codicils can complicate probate and increase the risk of disputes among beneficiaries.
Risks of DIY Codicils
Codicils drafted without legal guidance often cause problems, including:
- Conflicting provisions between the codicil and the original will
- Improper execution or witnessing
- Unclear language that invites interpretation disputes
These issues may only surface after death—when they are far more difficult and expensive to resolve.
How Codicils Affect Probate in Alberta
During probate, the executor must submit the original will and any codicils to the court. Each document will be reviewed to confirm validity.
Unclear or improperly drafted codicils can delay probate, increase legal costs, and create conflict among beneficiaries or executors.
For insight into executor responsibilities and compensation issues, you may find it helpful to read about executor compensation in Alberta.
How a Lawyer Can Help
A wills and estates lawyer can help you:
- Decide whether a codicil or a new will is more appropriate
- Ensure your documents meet Alberta’s legal requirements
- Avoid inconsistencies that could undermine your estate plan
- Reduce the risk of disputes during estate administration
Learn more about how Libra Law supports clients through its wills and estates services in Alberta.
You can also explore additional estate planning topics in Libra Law’s wills and estates articles.
Update Your Will With Confidence
Small changes to your will can have significant consequences if handled incorrectly. Whether you are considering a codicil or a full update, legal guidance can help ensure your wishes are clearly documented and legally enforceable.
The Wills & Estates team at Libra Law provides practical, plain-language estate planning advice for clients across Alberta. You can contact our firm to discuss updating your will and take the next step with confidence.
This article is for general informational purposes only and does not constitute legal advice. To obtain advice specific to your situation, please consult a lawyer or qualified professional.
