Skip to main content

Wilson Rasmussen LLP

Whether you need help with contracts, buying property, or planning your estate, we’re here to support you.

Can You Change Your Will After It Has Been Signed?

A female attorney gestures over estate paperwork while explaining the formal legal process of changing a signed will to a client.

A will that once reflected your wishes may no longer fit your current circumstances. This can leave you asking, “Can I change my will after it’s signed?” The answer depends on how the changes are made and whether they meet the legal requirements for a valid update.

In this guide, Wilson Rasmussen LLP explains the available options and when consulting a wills and estates lawyer in Surrey, BC, may be appropriate.

Why People Assume a Signed Will Is Final

Many people believe that once a will is signed and witnessed, it becomes a fixed, unchangeable document. That assumption is understandable, since signing a will feels like a formal, final act. However, a will can be changed while you have legal capacity, provided the update meets the required legal formalities. 

What Testamentary Capacity Means for Changes

Testamentary capacity is the legal standard that determines whether you can make or change a will. It means understanding the purpose of a will and the property it covers. You must also recognize those who may reasonably expect to inherit.

This standard applies just as much to amending a will as it does to creating one in the first place. If capacity is ever in question, medical documentation can help confirm that you understood the changes you were making at the time.

Two Primary Ways To Update Your Will

When deciding, “Can I change my will after it’s signed?” start by comparing these options.

Making a Codicil to a Will

A codicil to a will works well for small, targeted updates, such as changing an executor or adjusting a single gift. It must clearly state which section of your existing will it modifies. To be valid, a codicil needs the same formalities as the original document. That generally requires your signature and the signatures of two adult witnesses. 

Drafting an Entirely New Will

When your changes are more extensive, drafting a new will is usually the cleaner option. A new will can include a revocation clause that automatically cancels your previous document, reducing the risk of conflicting instructions and helping you keep your estate plan and will aligned with your current wishes. This route makes sense after major life events, such as marriage, divorce, or the birth of a child. It also lets you reorganize your whole estate plan in a single document.

Common Reasons People Pursue a Will Amendment

Changes in your life or finances may require an estate planning review:

  • Marriage may affect inheritance wishes.
  • A new child may need protection.
  • Divorce may require beneficiary changes.
  • Major asset changes may affect distribution plans, which can create complications when someone dies without a will or when older estate documents are no longer appropriate.

An estate lawyer can review your wishes, including your will and funeral plans, to help keep your arrangements current.

Update Your Will With Wilson Rasmussen LLP

So, can I change my will after it’s signed? Yes. You may use a codicil for limited revisions or create a new will when broader updates are needed. Selecting a will executor carefully is crucial, especially when your circumstances or estate plans have changed and require an updated administrative role. Wilson Rasmussen LLP provides practical guidance to clients updating their estate documents. Call (604) 583-7917 to speak with the firm’s wills and estates team in Surrey, BC.