- Ontario law generally treats a properly made later will as revoking an earlier one, at least to the extent the two are inconsistent.
- - Express revocation: the later will contains a clause stating it revokes all previous wills.
- A codicil — a short document that amends rather than replaces a will — is a common source of this kind of partial conflict.
It happens more often than people expect: after a death, family members find more than one document that looks like a will. Maybe there's an old will from a lawyer's office and a newer, handwritten note. Maybe two versions exist with different executors named. When that happens, which will governs becomes a legal question, not a family decision.
The General Rule: The Most Recent Valid Will Usually Governs
Ontario law generally treats a properly made later will as revoking an earlier one, at least to the extent the two are inconsistent. Under the Succession Law Reform Act, a will can be revoked by a later will, by a written declaration of intent to revoke made with the same formalities, by destruction with intent to revoke, or in certain other prescribed ways.
But "later" only matters if the later document is actually a valid will in the first place — properly signed and witnessed (or a valid holograph will), made by a testator who had capacity and who knew and approved its contents. An invalid later document does not revoke a valid earlier one.
Express Revocation vs. Revocation by Inconsistency
- Express revocation: the later will contains a clause stating it revokes all previous wills. This is the clearest scenario — if the later will is valid, it generally governs entirely.
- Revocation by inconsistency: the later document doesn't say anything about earlier wills, but its terms conflict with them. Here, a court may find that only the inconsistent parts of the earlier will are revoked, and provisions that don't conflict could still stand.
This is why courts don't just look at dates — they look closely at what each document actually says, and whether it was intended to replace, or simply add to, an earlier plan.
When an Earlier Will Survives, in Part
A codicil — a short document that amends rather than replaces a will — is a common source of this kind of partial conflict. A codicil must meet the same signing and witnessing formalities as a will itself, and only changes the specific provisions it addresses, leaving the rest of the original will intact.
Primary and Secondary Wills Are a Different Concept
Not every case involving "two wills" is actually a conflict. Some Ontario estate plans deliberately use a primary will (covering assets that need probate) and a secondary will (covering assets, such as private company shares, that generally don't). This is a recognized, lawful planning technique — the two documents are meant to work together, not compete, and each should say so clearly. If you find two wills and one is labelled this way, it may not be a conflict at all; a lawyer can confirm how the documents were meant to interact.
What a Court Considers When Multiple Documents Surface
| Question | Why it matters |
|---|---|
| Is each document validly executed? | An invalid document generally cannot revoke or override a valid one |
| Does either document contain an express revocation clause? | Signals clear intent to replace, not supplement |
| Are the documents actually inconsistent, or complementary? | Determines whether both can stand together, in part |
| Was the later document a will, a primary/secondary pair, or a codicil? | Changes how much of the earlier document remains in effect |
| What did the testator's later conduct suggest about their intentions? | Relevant where the documents alone don't resolve the conflict |
Practical Steps if You've Found More Than One Will
- Secure the originals of every document — do not rely on copies.
- Note the date and location where each was found, and who had custody of it.
- Do not assume the most recently dated document automatically wins without checking it was validly executed.
- Bring all versions to an estates lawyer before applying for a Certificate of Appointment of Estate Trustee.
Frequently asked questions
If I find a newer will, do I need to do anything with the older one?
Yes — bring both to a lawyer. Even where a newer will clearly governs, the estate trustee applying for a Certificate of Appointment typically needs to address the existence of the earlier document, not simply discard it.
Can a handwritten note override a formal lawyer-drafted will?
It's possible, if the note qualifies as a valid holograph will (wholly in the testator's own handwriting and signed) or meets the standard signing and witnessing requirements — but a casual or ambiguous note is often exactly the kind of document that ends up disputed.
What if the two wills name different executors?
The later valid will's executor appointment generally governs, unless that will only partially revoked the earlier one and the earlier appointment wasn't addressed. This is exactly the kind of situation that benefits from a lawyer's review before anyone applies to court.
Does having a primary and secondary will mean the estate is in conflict?
No. A primary and secondary will are usually meant to work together as a single, coordinated estate plan, not compete. If you're unsure whether documents you've found are a genuine conflict or a deliberate primary/secondary pair, a lawyer can review them.
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