How do I fully revoke or cancel my existing will in Ontario?
In Ontario, there are three recognized ways to revoke a will. The most common is making a new will that includes a revocation clause — typically a statement that you revoke all prior wills and codicils. Once the new will is properly executed, the prior will is revoked.
The second method is executing a formal document of revocation — a written, signed, and witnessed instrument that states the will is revoked. This is rarely used in practice but is legally recognized.
The third method is physical destruction — burning, tearing, or destroying the will with the intention of revoking it. The act of destruction must be done by you personally, or by someone else in your presence and at your direction. Accidentally destroying the will does not revoke it. Destroying your copy while the original is held by your lawyer also does not revoke it — the original must be destroyed.
Equally important: simply writing "void" or "cancelled" on the will does not revoke it under Ontario law, and hiding or losing the will does not either. If you want to revoke your will without making a new one, you must either formally destroy the original or execute a document of revocation. Making a new will immediately after revocation is usually the safest course.
Key takeaways
- A new will with a revocation clause is the most common way to cancel an existing will
- Physically destroying the original with intent to revoke also works
- Writing "void" on the will or hiding it does not constitute valid revocation
- If you revoke without a replacement, you may die intestate — usually not desirable