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How Often Should I Update My Will?

  • Writer: Fernando D. Martins
    Fernando D. Martins
  • Oct 28
  • 3 min read

Creating a Will is one of the most important steps you can take to protect your loved ones and to ensure your wishes are followed. But having a Will is not a “set it and forget it” document. Life changes - and your Will should too.

So, how often should you update your Will?


Quick Answer:

You should review your Will every 3 - 5 years or any time a major life event occurs.

That does not mean you will need to rewrite it that often - but you should check whether it still reflects your wishes and circumstances.


Key Life Events That Should Prompt an Update

If any of the following events have happened in your life, it is time to review your Will:


1. Marriage or Common-Law Relationship

  • In Ontario, marriage does not revoke a pre-existing Will if the marriage occurred on or after January 1, 2022

  • If you have recently married, it is a good idea to review and update your Will to ensure it reflects your current situation


 2. Separation or Divorce

  • Divorce does not revoke your Will in Ontario, but it does automatically remove your former spouse as executor, trustee or beneficiary.

  • If you are separated after January 1, 2022, and you have a Will made before that date, your ex may still inherit under your Will unless you update it.


Separation and divorce have different legal impacts on Wills in Ontario. Always consult a lawyer to clarify your specific situation.


3. Birth or Adoption of a Child (or Grandchild)

  • You may want to name guardians, provide specific gifts, or adjust the distribution of your estate to reflect new family members.


4. Death or Incapacity of Someone in Your Will

  • If your executor, beneficiary, guardian, or attorney for property/personal care dies or becomes incapable, you should update your documents to name replacements.


5. Major Changes to Your Finances or Property

  • Bought or sold a home?

  • Started or sold a business?

  • Received an inheritance?

    Any significant shift in your assets may require a review of how your estate is distributed.


6. Moving to or From Ontario

  • Laws vary between provinces and countries. If you’ve moved to Ontario, it is wise to have your Will reviewed to ensure it complies with local laws.

  • If you have moved within Ontario, you might also need to update your Will if your circumstances have changed significantly.


7. Change in Wishes or Relationships

  • If your relationships have changed (e.g., falling out with a family member or changing your mind about who should inherit), you should reflect this in your Will.


No Major Life Changes? Still Review Every Few Years

Even if nothing dramatic has changed, reviewing your Will every 3–5 years is a smart habit. Tax laws, estate planning strategies, or personal goals may evolve.


How Do I Update My Will?

There are two main ways to update a Will:


1. Codicil

A codicil is a legally binding amendment to your existing Will. It is useful for small updates, like changing an executor or adding a gift.


2. New Will

For major changes, it is often best to make a new Will, which automatically revokes the old one.


⚠️ Never make handwritten changes on your Will - they could be invalid and cause legal disputes.


Don't Forget Your Powers of Attorney

Alongside your Will, you should also review your Powers of Attorney for Property and Personal Care to ensure they still reflect your wishes.


Final Thoughts

Life changes and when it does, your Will should change with it. Failing to update your Will can lead to confusion, disputes, or unintended outcomes that do not reflect your true intentions.

If you are not sure whether your current Will still works for you, the best place to start is with a review from a qualified Ontario lawyer.


Ready to take the next step?

Martins Law Firm is here to help you create a Will and Powers of Attorney that reflect your wishes and protect your family. Whether you are planning ahead or managing urgent decisions, we're here to help you protect what matters most.


Planning for the future gives you peace of mind today.

Let Martins Law Firm help you secure your legacy today.

 

This article is intended for informational purposes only and does not constitute legal advice. For assistance with your specific legal situation, please contact our office 416-536-5488.

 
 
 

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