What Are the Risks of a Do-It-Yourself Will or Codicil?

Drafting a Will might seem like a straightforward task. You know exactly who you want to inherit your assets, who should step in as your executor, and who you trust to care for your children. With this clarity, it’s tempting to simply jot down your wishes, download a cheap online template, or make a few handwritten tweaks to your existing Will.

Unfortunately, estate planning is one area where a deceptively simple document can spawn incredibly complicated legal problems down the line.

At LC Notary, we urge families to view a Will as much more than just a piece of paper. A properly drafted Will is the cornerstone of a comprehensive wills and estate planning strategy—one designed to crystallize your intentions and protect the people you care about most.

What Is a Do-It-Yourself Will or Codicil?

A Do-It-Yourself, or DIY, Will is generally a Will prepared without professional legal guidance. It may be entirely handwritten, generated from an online template, pieced together from a store-bought Will kit, or even copied from a friend’s Will.

A codicil is a supplemental document meant to alter, add to, or revoke specific provisions of an existing Will without having to rewrite the entire document.

While taking a DIY approach might sound convenient, tweaking even a single provision can disrupt other elements of your estate plan in ways you never anticipated.

Furthermore, British Columbia has its own distinct legal requirements. Unlike some provinces like Quebec or Ontario, BC does not recognize a Will as valid simply because it is handwritten and signed by the will-maker. Under BC’s Wills, Estates and Succession Act (WESA), a Will generally must be in writing, signed by the will-maker, and signed by two witnesses following very specific protocols. You can learn more about these strict rules in our guide on what makes a Will valid in BC .

Risk #1: The Will May Not Be Properly Executed

The most common trap of a DIY Will is botching the signing process.

A document can perfectly articulate your wishes and still be legally void if it fails to meet BC’s formal execution requirements. In BC, the will-maker must sign (or acknowledge their signature) in the presence of two witnesses who are both present at the same time. Those witnesses—who generally must be at least 19 years old—must then sign the document in front of the will-maker.

Choosing the right witnesses is equally critical. For instance, WESA dictates that if a beneficiary (or their spouse) witnesses the Will, their inheritance may be completely voided unless a court intervenes. These nuanced details are incredibly easy to miss when relying on an at-home template.

(Note: A Will does not normally need to be notarized simply to be valid in BC. We clarify this common misconception in Does a Will Need to Be Notarized in BC?) 

Risk #2: A DIY Codicil Can Create Unintended Conflicts

A codicil doesn't stand alone; it must integrate seamlessly with your original Will.

Imagine your original Will divides your estate equally among your three children. A few years later, you write a quick DIY codicil leaving your house to just one of them. This creates an immediate conflict: Does the value of the house get deducted from that child's equal share, or is it an extra gift on top? What if you sell the house before you pass away? 

A few hastily written sentences can easily contradict the main Will. Additionally, BC law applies strict formal requirements to Will alterations. Generally, an alteration to a non-electronic Will must be made in the same way that a valid Will is made. Crossing out lines, writing in margins, or stapling an informal note to your Will creates massive legal uncertainty.

Risk #3: Your Words May Not Have the Legal Effect You Intended

Everyday conversational English does not translate smoothly into binding estate law.

Consider this common DIY phrasing: "I want my house to go to my children." 

While it sounds clear, legally, it’s a minefield. Which children are included? What if one child passes away before you do—do their children inherit their share? What if the house is owned jointly with someone else?

Professional estate planning looks past individual sentences to ensure your Will aligns with how your assets are actually owned and how beneficiary designations operate. For homeowners in particular, how you hold the title to your property drastically affects your estate. Read more on this in our articles about joint tenancy and the right of survivorship and adding adult children to property title. 

Risk #4: There May Be Little Evidence of Your True Intentions

A Will must do more than just list who gets what; it must communicate your intent so clearly that an executor, beneficiaries, or a judge can definitively understand your mindset. This becomes vital if your Will makes an unexpected change, leaves someone out, or is written during declining health.

When a DIY Will or codicil is used, there is often no independent, objective record proving:

• what the will-maker intended to accomplish;
• whether they fully grasped how their assets were owned;
• whether they considered the effect on all beneficiaries;
• why they made a significant change from an earlier estate plan; or
• whether they understood the legal consequences of the wording they used.

Once the will-maker has passed, these questions become incredibly difficult to answer.

Risk #5: Vulnerability to Claims of Incapacity or Undue Influence

Questions about testamentary capacity often arise if a Will is drafted later in life, during an illness, or when experiencing cognitive decline. The same applies if a specific beneficiary was heavily involved in arranging the DIY Will.

BC law specifically addresses undue influence. If circumstances involving dependence or domination are established, the person trying to uphold the Will may have to establish in court that undue influence was not exercised.

Professional estate planning provides a private environment to discuss your wishes and creates a more reliable record of the circumstances surrounding the plan.

Risk #6: Fixing the Problem May Require Court Involvement

BC courts have a power under section 58 of WESA to "cure" certain document deficiencies and declare them valid if they represent the deceased’s testamentary intentions. However, this is a court remedy—not a substitute for a properly executed Will.

Relying on section 58 means your family will likely have to obtain legal advice, gather evidence, file a court application, and wait for a determination. Even if the court ultimately gives effect to the DIY document, the stress, time, and financial expense could have been avoided with careful planning. We explore these broader consequences in the dangers of improper estate planning.

Remember That a Will Is Only One Part of Your Estate Plan

A major flaw of DIY Wills is their narrow focus on what happens after death. A robust plan may also need to consider incapacity, property ownership, beneficiary designations, tax consequences, and who will make your financial or health-related decisions if you cannot act for yourself. 

When Should You Review Your Will?

Your estate plan should be reviewed whenever a significant life change occurs, including:

• marriage or separation;
• the birth or adoption of a child;
• buying or selling real estate;
• a significant change in wealth;
• the death of an executor or beneficiary;
• changes in family relationships;
• receiving an inheritance; or
• concerns about future incapacity.

Rather than handwriting a change onto your existing Will, speak with a qualified legal professional about whether a properly prepared codicil or a new Will is appropriate.

Protect Your Wishes With Careful Estate Planning

A DIY Will might appear to save time or money today, but mistakes often become apparent only after death, when they are far more difficult for your family to resolve.

Our goal is to help you create an estate plan that is clear, carefully documented, and tailored to your family and assets. Our award-winning Langley notary practice combines extensive legal education, detailed due diligence, and a personable approach so you can make informed decisions with confidence.

If you live in Langley, Aldergrove, Willoughby, Walnut Grove, or elsewhere in the Fraser Valley, we are here to provide step-by-step guidance.

Explore our estate planning resources or contact our team to discuss preparing or updating your Will.