How can a will be revoked or cancelled in Ontario?
In Ontario, there are several ways a will can be revoked under the Succession Law Reform Act. The most common method is by making a new valid will that contains a revocation clause — standard drafting practice is to include a statement revoking all previous wills. A new valid will revokes the old one even without an explicit revocation clause if the two cannot be read together consistently.
A will can also be revoked by a deliberate act of destruction — burning, tearing, or otherwise destroying it with the clear intention of revoking it. The act must be intentional; accidentally destroying a will does not revoke it.
Marriage used to revoke a will automatically as well, unless it was made in contemplation of that marriage — but that rule was repealed effective January 1, 2022. Marrying no longer revokes an existing will in Ontario.
A will cannot be partially revoked by marking through provisions unless the alteration meets the requirements for a valid codicil. Simply crossing out clauses or writing changes in the margins does not create a valid alteration and may invalidate surrounding provisions.
If you want to change your will, the cleanest approach is to make an entirely new one with a proper revocation clause, rather than amending the existing document.
Key takeaways
- A new will with a revocation clause cancels prior wills.
- Deliberate physical destruction of the will revokes it.
- Marriage no longer revokes a prior will in Ontario — that rule was repealed effective January 1, 2022.
- Do not mark up an existing will — make a fresh one with a clear revocation clause.