Codicil to a Will in Ontario: How to Sign and Witness It

Last updated: October 13, 2026

Codicil to a Will in Ontario: How to Sign and Witness It

Quick answer: A codicil changes, adds to or revokes part of an existing will without rewriting it. Ontario's Succession Law Reform Act counts a codicil as a will (s. 1(1)), so it is signed the same way: at its end, by you, in the presence of two witnesses who are there at the same time, and then signed by both witnesses in your presence (s. 4(2)). No notary's seal is needed. A gift to a witness or a witness's spouse is void (s. 12). For probate, the codicil needs its own affidavit of execution (Form 74D). Minute Notary witnesses codicils in person on a mobile visit and commissions the Form 74D at the same visit. We do not draft codicils or advise on their contents.

Most codicils are short: a new executor because the old one moved away, a gift of a cottage that has since been sold, a grandchild born after the will was signed. The change is small, but the signing rules are strict, and a mistake often surfaces only after the person who could have fixed it has died.

Our free codicil template lays out the usual parts. If you have a question about your own signing, contact us or call (613) 434-5555.

Caption: A codicil is signed like a will: at its end, with both witnesses there together, each signing in the testator's presence.

Key Takeaways

What Is a Codicil to a Will?

A codicil is a later document that changes an existing will: it adds a clause, replaces one, or revokes part of the will, and the rest stays in force. The Succession Law Reform Act (SLRA) defines "will" to include a codicil (s. 1(1)), so whatever the Act says about making, witnessing or revoking a will applies to a codicil too.

People usually use one for a contained change:

• naming a new executor (estate trustee) or an alternate;
• changing or removing a specific gift;
• adding a beneficiary, such as a new grandchild;
• correcting a name or an address.

The will and its codicils are read together. At probate the court receives the original of each, and most beneficiaries are sent a copy of the will and of every codicil (Rules of Civil Procedure, r. 74.04(1) and (2)). What your codicil should say is a question for a lawyer. For wills in general, see wills, estates and the notary's role.

How a Codicil Must Be Signed in Ontario

A codicil that is not handwritten (see below) is valid only if:

1. It is in writing (s. 3).
2. You sign it at its end, or someone signs for you in your presence and at your direction (s. 4(2)(a)).
3. You sign, or acknowledge your signature, before two or more witnesses present at the same time (s. 4(2)(b)).
4. At least two of those witnesses sign it in your presence (s. 4(2)(c)).

Three details help on the day:

• Add nothing after your signature. Section 7 is flexible about where the signature sits, but it gives no effect to anything written below the signature or added after it (s. 7(3)). No special witness wording is needed (s. 4(6)).
• Paper and ink. The Electronic Commerce Act, 2000 does not apply to wills and codicils (s. 31(1)), so its rules on electronic signatures do not help. Print the codicil and sign it in ink.
• Everyone stays until the end. The simplest way to meet both witness rules is for all three of you to stay at the table until the last signature is on the page.

Can a codicil be witnessed over video?

Yes, under conditions. Section 4(3) lets the witnesses' presence be by audio-visual technology if at least one witness is a licensee of the Law Society of Ontario and the signing and witnessing are contemporaneous; section 4(4) lets each person sign an identical copy in counterpart. Minute Notary chooses to witness codicils, like wills and powers of attorney, in person only. That is our policy, not a rule of law.

Who Should Witness a Codicil

The SLRA has no list of people who may not witness a will. Instead, section 12 protects the gift:

• A gift the codicil makes to a witness, or to the witness's spouse at the time, is void; the codicil itself stays valid (s. 12(1)).
• The gift survives if two other witnesses who receive nothing also signed (s. 12(4)), or if a court is satisfied there was no improper or undue influence (s. 12(3)), which needs a court application.
• An executor is not disqualified as a witness just for being the executor (s. 14).

The court's Form 74D itself warns that a beneficiary, or a beneficiary's married spouse, should not witness a will or codicil. In practice, choose two adults who receive nothing under the will or the codicil and are not married to anyone who does. That often rules out the family in the room. Our guide to who can witness a signature in Ontario covers other documents.

A power of attorney signed at the same visit is stricter: the Substitute Decisions Act, 1992 bars some people from witnessing it at all, including your spouse or partner and your child (ss. 10(2) and 48(2)).

Handwritten (Holograph) Codicils

Section 6 allows a will made wholly in your own handwriting and signed by you, with no witnesses, and a codicil is a will. It is lawful, with trade-offs:

• "Wholly" means all of it. A printed template filled in by hand is not wholly handwritten; sign that before two witnesses.
• No one saw it signed. At probate the executor needs a different affidavit (Form 74F) from someone who can confirm the handwriting and signature are yours (r. 74.04(1)(d)(ii)).
• Nobody reviews the wording unless you ask a lawyer, and unclear wording can leave questions for the executor.

Whether a handwritten codicil suits you is a question for a lawyer.

Codicil or a New Will?

First, the fix that does not work: writing changes onto the signed will. A later change has no effect unless you and the witnesses sign it next to the change, with the same formalities as the will (s. 18). It can still do harm: it invalidates any words it makes unreadable (s. 18(1)), and at probate an unwitnessed change calls for an affidavit about the will's condition (Form 74E, r. 74.04(1)(d)(i)(B)).

So the choice is between a codicil and a new will. A codicil is often used for one or two contained changes when the rest of the will still fits. A new will is often used when:

• there are many changes, or the main gifts change;
• earlier codicils already make the documents hard to read together;
• you would rather beneficiaries not read the old wording, since most of them receive the will and every codicil at probate (r. 74.04(2)).

A codicil can revoke part of a will (s. 15), and it can revive a revoked will if it shows an intention to give effect to it (s. 19(1)(b)). Which tool fits your change is legal advice, and a lawyer gives it. For deaths on or after January 1, 2022, a court can, on application, treat a document that was not properly signed as valid (s. 21.1), but that is a court process for your family, not a plan.

Life events and an existing will

• Marriage no longer revokes a will. The rules that made it do so (former s. 15(a) and s. 16) were repealed on January 1, 2022. A marriage before that date generally revoked an earlier will; a lawyer can confirm where you stand.
• Divorce revokes gifts to the former spouse and their appointment as executor, unless the will shows a contrary intention (s. 17(2)).
• Separation can have the same effect since 2022, if at death you were separated as s. 17(4) defines it, for example by a valid separation agreement or three years apart immediately before the death (s. 17(3)–(5)). See our separation agreement guide.

The Affidavit of Execution for a Codicil

When an executor applies for a Certificate of Appointment of Estate Trustee or a Small Estate Certificate, the original will and the original of every codicil are each attached as an exhibit to an affidavit of execution: Form 74D, Affidavit of Execution of Will or Codicil (r. 74.04(1)(d) and r. 74.1.03(1)(d)). One witness swears that they saw the document signed and that the witnesses signed in the testator's presence.

So a codicil needs its own affidavit. Its witnesses are often different people from the will's, and tracing one of them years later can delay probate. The simple answer is to swear it at the signing. At our visits, the notary is one witness and the other witness swears the Form 74D before the notary. If the witnesses have died or cannot be found, the court asks for other evidence (r. 74.04(1)(d)(i)(C)); see our affidavit of execution guide and the free affidavit of execution of will or codicil template.

Caption: Swearing the Form 74D at the signing saves the executor from tracing a witness years later.

What a notary can and cannot do: A notary public can be one of your two witnesses, check government photo ID, and commission the other witness's affidavit of execution (Notaries Act s. 3(1)). A notary does not draft the codicil, check that it does what you intend, advise whether a codicil or a new will is better, assess testamentary capacity as a medical question, or store your original will. For those, see a wills and estates lawyer.

How the Signing Works with Minute Notary

We witness codicils in person on a mobile visit: the notary comes to your home, hospital room or care residence. Contact us to confirm your area. Our mobile will signing guide describes the visit.

1. Finish the codicil first. Your lawyer prepares it, or you complete our template. Print it and leave every signature line blank. We can bring printing at $0.40 per page (black and white).
2. Get in touch. Contact us or call (613) 434-5555. Tell us it is a codicil, what else you are signing, and whether you need us to provide the second witness (an additional charge applies).
3. On the visit: you show government photo ID, and the notary confirms you understand the codicil and are signing freely. You sign at the end while both witnesses watch together; both then sign in your presence.
4. The affidavit: the second witness swears the Form 74D before the notary, who completes and seals it.
5. Afterwards: keep the codicil and the affidavit with your original will.

Storing the Codicil with the Will

Common practice, not law, but it saves the executor trouble:

• Keep the original codicil with the original will, in one envelope or folder. The court needs the originals of both.
• Do not staple, unstaple or clip the originals. Marks on an original will can raise questions at probate about whether pages were added or removed. Place them side by side instead.
• Do not write on the will itself, for the section 18 reasons above.
• Tell your executor where they are, and if your lawyer holds the will, give them the codicil too. The Superior Court of Justice also keeps wills and codicils of living persons on deposit (Estates Act s. 2; r. 74.02).

Caption: Keep the codicil with the original will, side by side and unstapled, where your executor will look.

Pricing

Note: prices are before HST; card processing is extra. The travel fee covers up to 30 km from our nearest office in Ottawa or Toronto; beyond that, an additional travel fee applies. For a couple signing wills and powers of attorney together, there is a couple signing discount — please email us for a rate.

All fees are shown in full before you pay. See every posted rate on our pricing page.

Frequently Asked Questions

What is a codicil to a will?

A codicil is a document that changes, adds to or revokes part of an existing will, while the rest of the will stays in force. Ontario's Succession Law Reform Act includes a codicil in its definition of "will" (s. 1(1)), so it must be signed the same way as a will. The will and its codicils are read together.

Does a codicil have to be notarized in Ontario?

No. It must be signed by you at its end, in the presence of two witnesses who are there at the same time, and then signed by both witnesses in your presence (Succession Law Reform Act s. 4(2)). No seal is required. A notary is simply a neutral witness who checks photo ID and can commission the affidavit of execution at the same visit.

How many witnesses does a codicil need in Ontario?

Two or more, present together when you sign, and at least two of them sign in your presence (s. 4(2)). The exception is a holograph codicil, written wholly in your own handwriting and signed by you, which needs no witness (s. 6). When we witness a codicil, the notary is one witness; an additional charge applies if you need us to provide the second.

Can a beneficiary witness a codicil?

The codicil stays valid, but a gift it makes to that witness, or to the witness's spouse, is void (s. 12(1)), unless two other witnesses who receive nothing also signed (s. 12(4)) or a court finds there was no undue influence (s. 12(3)). Choose witnesses who receive nothing under the will or the codicil.

Can a codicil be handwritten?

Yes. A codicil made wholly in your own handwriting and signed by you is valid without witnesses (s. 6). A printed template filled in by hand is not wholly handwritten, so sign that before two witnesses. At probate, a handwritten codicil is proved by an affidavit about the handwriting (Form 74F). Whether this route suits you is a question for a lawyer.

Can a codicil be signed or witnessed online in Ontario?

The law allows video witnessing when at least one witness is a licensee of the Law Society of Ontario and everyone signs at the same time (s. 4(3) and (4)). Minute Notary chooses to witness codicils in person only, on a mobile visit. An electronic signature is not an option: the Electronic Commerce Act, 2000 does not apply to wills and codicils (s. 31(1)).

How much does it cost to have a codicil witnessed?

We price a codicil as one estate document: $115 plus HST, including the witnessing and the Form 74D affidavit of execution, plus a $60 travel fee once per trip (up to 30 km from our nearest office in Ottawa or Toronto; beyond that, an additional travel fee applies). A codicil and a power of attorney at the same visit are $200 plus HST. An additional charge applies if you need us to provide the second witness.

Final Recommendation

Decide first, with a lawyer if the change is more than a small one, whether a codicil or a new will fits. Sign it the way the SLRA requires, at the end before two witnesses present together, and choose witnesses who receive nothing. Have the affidavit of execution sworn the same day and keep the codicil with the original will. A notary on a mobile visit covers the witness, the ID check and the Form 74D in one trip.

Book Your Appointment

Need a codicil witnessed, with the affidavit of execution sworn at the same visit? Minute Notary signs estate documents in person, on a mobile visit.

• Contact us: Ask a question or request a visit
• Call: (613) 434-5555
• Service page: Will signing and witnessing
• Free template: Codicil to a last will and testament
• Related guide: Affidavit of execution of an Ontario will
• Hours: Every day, Saturday and Sunday included, 8:00 AM to 8:00 PM (Ottawa time)

Sources

• Succession Law Reform Act, R.S.O. 1990, c. S.26 (Ontario), ss. 1, 3, 4, 6, 7, 12, 14, 15, 17, 18, 19, 21.1
• Succession Law Reform Act, historical version May 20 to December 31, 2021 (former s. 15(a) and s. 16)
• Rules of Civil Procedure, R.R.O. 1990, Reg. 194 (Ontario), rr. 74.02, 74.04, 74.1.03
• Ontario Court Forms: Rules of Civil Procedure estates forms (Forms 74D, 74E, 74F)
• Apply for probate of an estate (Ontario)
• Electronic Commerce Act, 2000 (Ontario), s. 31
• Estates Act, R.S.O. 1990, c. E.21 (Ontario), s. 2
• Notaries Act, R.S.O. 1990, c. N.6 (Ontario), s. 3
• Substitute Decisions Act, 1992 (Ontario), ss. 10 and 48