Published
Sundeep S. Grewal is a lawyer at Lawgical Law Corporation, called to the BC bar in 2018, and a member of the Law Society of British Columbia.
Updated November 11, 2026: the Wills, Estates and Succession Act (ss. 37, 55, 56, 58, 59) checked that day.
Usually the later will wins, but only to the extent it is inconsistent with the earlier one, unless it says it revokes all earlier wills.
A codicil is a document that changes part of a will. The will and codicil are read together.
Before probate: the application must include every testamentary document that is in force, and the registry must be told about earlier ones.
The lawyers who handle these estate files
About our lawyers
Sundeep S. Grewal founded Lawgical Law Corporation and practises probate, estate litigation and immigration. He has represented clients in the Provincial and Supreme Courts of British Columbia, from chambers applications to contested trials.
Pardeep S. Grewal is a probate, estates and immigration lawyer known for clear communication and practical strategy.
When a family finds two wills, or a will and one or more codicils, the question is which documents together make up the person’s last will. Under BC’s Wills, Estates and Succession Act, a will can be revoked by a later will, by a written declaration signed like a will, or by the will-maker destroying it with the intention to revoke. A later will revokes an earlier one only to the extent the two are inconsistent, unless it expressly revokes all earlier wills, as most professionally drafted wills do. A codicil doesn’t replace the will; it changes part of it, and the two are read together. If the later document wasn’t signed properly, the court may still give it effect, or it may be invalid and leave the earlier will in place.
Lawgical Law Corporation, a probate and estate litigation law firm with offices in Surrey, Abbotsford and Vancouver, BC, helps families work out which will governs and resolves disputes over competing wills; this guide is by Sundeep S. Grewal.
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How BC decides which will counts
| What you found | Usual result |
|---|---|
| A later will that says “I revoke all former wills” | The later will governs entirely |
| A later will with no revocation clause | The earlier will survives except where the later one is inconsistent; both may be probated together |
| A will plus a codicil | Read together; the codicil changes only what it says |
| A later document not signed or witnessed properly | Invalid unless the court cures it under WESA s. 58; otherwise the earlier will stands |
| A later will, but evidence the will-maker lacked capacity or was influenced | The later will can be challenged; if it fails, the earlier will may govern |
How a will is revoked under WESA
Under WESA s. 55, a paper will, or part of it, can be revoked by:
- a later will made under WESA;
- a written declaration of an intention to revoke, signed like a will;
- burning, tearing or destroying it, by the will-maker or by someone in their presence and at their direction, with the intention of revoking it; or
- another act on the face of the will, if the court finds under s. 58 it was done with the intention to revoke.
Electronic wills have similar rules, and accidentally deleting an electronic will isn’t evidence of an intention to revoke. Marriage no longer revokes a will under WESA, but if a spouse named in the will stops being a spouse, a gift or appointment to them is revoked (s. 56(2)).
What a codicil is
A codicil is a testamentary document that adds to, changes or revokes part of an existing will. It must be signed and witnessed like a will (WESA s. 37). When there is a codicil, the will and codicil are probated together as the will. A codicil can also confirm an earlier will as at its own date. If a codicil contains a mistake, the court can rectify it like a will (s. 59).
What to do before applying for probate
- Gather every will and codicil you can find, with dates, and order a wills notice search.
- Check whether the latest will revokes earlier ones, and whether each document was signed and witnessed properly.
- If the documents conflict, or someone says the later will is invalid, get advice before filing. A person with an interest can file a notice of dispute, which blocks the grant.
If the latest will is challenged, see contesting a will in BC and undue influence.
Mistakes I have seen
- Probating the later will alone when it had no revocation clause, leaving out gifts in the earlier will that still applied.
- Throwing away an earlier will once a later one turns up. If the later will fails, the earlier one may be needed.
- Treating handwritten changes on a will as valid without checking s. 37 and s. 58.
Frequently asked questions
Does the newest will always win?
Usually, if it is valid and revokes earlier wills. If it doesn’t revoke them, the earlier will survives where it isn’t inconsistent. If the newest will is invalid, an earlier valid will governs.
Can a handwritten note change a will?
Only if it meets the formal rules, or the court gives effect to it under WESA s. 58.
What if the later will was made when the person had dementia?
It can be challenged for lack of capacity. If the challenge succeeds, an earlier valid will may govern.
What should I do right now?
Put every will and codicil in date order, note whether each has a revocation clause and two witnesses, and keep all originals safe.
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Sources
- Wills, Estates and Succession Act (ss. 37, 55, 55.1, 56, 58, 59), BC Laws
- CLE BC, Probate and Estate Administration Practice Manual, §1.49
This article is general information about BC law, not legal advice for your situation.