Changing Your Will
Published on 29 August 2022, 07:22:56 AM
You have a Will, but it’s outdated already. You’ve married, had children and separated since you wrote it. Axess Law can fix your Will by drafting a new one for you.
Writing a new Will is cheaper than constantly changing your Will throughout your life. Our low, flat rate fees start at just $199.99. You can make a new Will for less than you might spend on a weekend at the lake. Add a power of attorney for just $50 more.
Your new Will keeps your family safe and bequeaths precious possessions to those you want to have them most.
Four Times to Revise Wills
Wills can be for life. Ensure yours are still relevant after you pass on.
- Having new partners or children in your life stale dates plans you already made. Divorce, for instance, dramatically affects your Will. Your property is divided equally by mutual agreement or an Ontario divorce court. Unless you specifically leave gifts or bequests in a new Will, your spouse no longer inherits any of your personal estate and cannot be your executor. Your Will is completely altered.
- Marrying for the first or multiple times? Your Will is revoked every time you marry a new partner. Your estate trustee is required to show probate court you made your last Will and testament with “marriage in mind”. If they can’t prove that, your estate will be distributed as if you died intestate without a Will.
- Common law spouses are only entitled to gifts left in personal Wills or proceeds from assets like family homes they have title to. Whether you live common law or recently left your relationship, Axess Law plans your Will to meet Ontario succession rules.
- A new job or inheritance can change your wealth substantially, leaving you with more assets for loved ones. If your estate is more complex than when you started out, you owe it to your estate trustee, personal representative or executor to make it less onerous to probate.
What is a Codicil?
Including a new child in a Will or changing your executor’s name may seem like straightforward changes. Some lawyers may add a minor amendment (or codicil) to your Will to update it. Axess Law’s Ontario Wills attorneys advise clients against making codicils to Wills. Codicils revise existing Wills, but unless your changes are simple, they add up.
Messy Wills can be questioned by beneficiaries or Ontario probate courts. Overly long codicils and multiple amendments make following your instructions complicated. Let your Will speak clearly for you by rewriting it when your financial circumstances change.
When to Write New Wills
Other Wills lawyers are eager to answer questions about how do I make a codicil to my Will. We know that can get expensive, especially when you pay hourly rates traditional law firms charge testators (Will makers).
Instead of making a codicil to a Will in Ontario, let Axess Law draft you a new Will. Our experienced Ontario Wills lawyers can draft a Will for your approval in a week or less. Sooner if your request is urgent.
We make online video conference calls anywhere in Ontario — your home, office or hospital bed. We have open law offices nearby your community in Greater Toronto Area. Drop by to make an appointment or call us anytime (booking legal appointments).
New Will vs Codicils
Think about the benefits of writing new Wills compared to making codicils:
- Amendments can easily get separated from original Wills.
- Codicils can be contradictory, making Wills harder to enforce.
- Wills laws change — new Wills use new language and rules.
- Handwritten changes to typed Wills can be illegible or worse, invalid.
You can have one Will or multiple Wills, as many as you wish. Why tinker when Axess Law can start over, quickly, efficiently at nearly the same price? We keep previous Wills on file or you can email us your copy to update.
Drafting Legal Wills – Ontario
Axess Law has Greater Toronto Area licensed legal professionals who can draft new Wills for any family or financial situation. Your Will is written to withstand typical probate court challenges. We include standard clauses that make your final wishes clear for executors, beneficiaries and courts to follow.
All you require is:
- a named estate trustee, executor or personal representative who consents to manage your estate when you die
- lists of financial assets, with account numbers and names of institutions holding them, such as banks, credit unions or investment companies
- life insurance or death and disability policies
- employer and government pension plan information
- real property addresses, mortgage lenders and property title holders
- possessions and beneficiaries you want to receive them.
Your Will can be a simple statement of how to distribute your property and possessions. You can attach personal comments for beneficiaries or leave these with estate trustees to give to loved ones privately.
Storing Personal Wills Safely
Axess Law stores your Will for a small, one-time fee of $29.99 plus HST or you can register it with a local courthouse. Leave copies with family and your executor and tell them where to find safety deposit boxes with your original Will. Ontario executors require your original Wills and codicils to get a certificate of appointment as estate trustee.
Witnessing Personal Wills
Making a valid Will in Ontario requires that you sign in front of two witnesses, who also sign in your presence. We guide you in finding witnesses for Ontario Wills. Not everyone can sign. Finally, our Wills and estate lawyers sign final Wills.
Your executor can only legally enforce Wills that are properly executed. Unclear or incorrectly signed codicils are more confusing than redrafting the original to reflect changes you want to make. That’s why we recommend having lawyers prepare personal Wills, instead of making a handwritten Will or codicil yourself.
Booking Legal Appointments in Greater Toronto Area
Axess Law’s licensed lawyers meet with you in person at any of our Greater Toronto Area law offices to draft Wills or advise you on organizing an estate. Remote video conferencing lawyers are available 7 days a week, anywhere in Ontario. Book using our convenient online form or for Toronto lawyers nearby, dial our 1-647-479-0118 lawyer line. We have onsite parking and are easily accessible by public transit.
