The Pitfalls of Using AI to Write Your Will

In an age where artificial intelligence can draft letters, design websites and even write poetry, it’s no surprise that people are turning to AI and online templates to create their Wills. The idea of using AI is appealing, providing a quick, low-cost, convenient way to ensure your wishes are recorded. It’s not surprising, then, that some people are now wondering whether they should use AI to prepare something as important as their Will.

While the idea may seem appealing, there are significant risks involved in relying on AI to draft a legal document that determines how your estate is distributed after your death. Sadly, the “do-it-yourself” approach can quickly become “do-it-wrong”, with devastating consequences for those left behind.

Under the Wills Act 1837, a Will must meet certain requirements to be valid - it must be in writing, signed by the testator (the person making it) in the presence of two witnesses, who also sign in the testator’s presence.

AI systems and DIY templates often overlook or mistake these technicalities – AI tools are not regulated or qualified to interpret the law. A Will can easily be rendered invalid if, for instance, witnesses sign at the wrong time or are beneficiaries (which revokes their entitlement). Solicitors are trained to prevent such errors from occurring; software is not.

Even small errors in wording or structure can lead to disputes or invalidate your Will altogether, leaving your estate to be distributed according to intestacy laws - not your wishes.

Every family and estate is unique. Many people have complex situations involving blended families, business assets, foreign property, or dependents with special needs. AI systems do not have the judgment and experience to recognise and deal with this effectively.

A “human” solicitor can provide tailored advice to ensure your will reflects your true intentions, taking into account family dynamics, tax implications, trust structures, and long-term planning considerations.

When you instruct a solicitor, you benefit from professional expertise, regulated standards, and a duty of care. Your solicitor must act in your best interests and can be held accountable if mistakes occur.

An AI assistant provides no advice at all; it only generates information. It doesn’t understand your personal circumstances, can’t anticipate future issues, and holds zero responsibility if something goes wrong. If a clause is unclear or disputed, there is no one to turn to for clarification or remedy. There is no file in storage containing detailed meeting notes meticulously taken down by a qualified legal advisor at the time of making the Will. 

Creating a Will involves disclosing highly personal information about your assets, family relationships, and final wishes. Think carefully about whether you would be comfortable entering all of that data into an online AI platform. It’s not always clear how such tools store or use your information, or whether it could be accessed by third parties. 

Even if an AI-generated Will appears to be complete and has recorded your wishes adequately, it may contain ambiguous or inconsistent language that leads to disputes after your death. Contentious Probate litigation can be highly stressful, time-consuming and expensive for your loved ones and at such an emotive time. A professionally drafted Will greatly reduces this risk by ensuring clarity and compliance from the outset.

The bottom line therefore is that a professionally drafted Will offers peace of mind. Whilst AI can be a useful research tool in helping you understand the basics of estate planning, it is not a substitute for expert legal advice from a “human” legal advisor. Your Will is one of the most important documents that you will ever create. Ensuring it is legally sound, unambiguous, and fully reflective of your wishes is worth the small investment in professional guidance from a qualified legal advisor.