AI-generated wills: convenience at a cost

AI has become an increasingly common tool in everyday life, assisting with everything from drafting emails to managing finances. It’s therefore unsurprising that some people are now turning to AI platforms to prepare their wills.

AI-powered tools can produce a will within minutes, often at little or no cost. While this may appear to be an attractive alternative to seeking professional advice, there are significant risks associated with relying on AI to prepare one of the most important legal documents you will ever sign.

Failure to account for individual circumstances

AI can only work with the information it’s given. Unlike a solicitor, it can’t ask follow-up questions, identify missing information or assess whether a person’s circumstances require more complex planning.

As most users aren’t legally trained, they may not recognise what information is relevant or what arrangements ought to be included. This can be particularly problematic where there are blended families, business interests, overseas assets or trust arrangements.

Inadequate tax planning

AI has significant limitations when it comes to tax planning. A well-drafted will should consider available tax reliefs and exemptions, as well as the wider estate planning objectives of the individual. Without proper advice, valuable planning opportunities may be missed, potentially leaving beneficiaries with a larger tax bill than necessary.

Errors in execution

A further risk concerns the validity of the will itself. To be legally effective, a will must comply with strict formalities under the Wills Act 1837. If it’s not executed correctly, it may be invalid.

In those circumstances, the estate may pass under the intestacy rules, which govern how a person’s estate is distributed when they die without a valid will, rather than in accordance with their wishes.

Increased risk of contested estates

The wording used within a will is equally important. Ambiguous or poorly drafted clauses can lead to disputes between beneficiaries and may result in costly litigation. AI-generated documents frequently rely on generic wording that may not properly reflect an individual’s intentions.

Capacity

A solicitor will assess whether a client has the necessary testamentary capacity and will usually retain attendance notes and, where appropriate, medical evidence, which can be invaluable if the will is later challenged.

AI can’t carry out such assessments or create a contemporaneous evidential record, potentially making the will more vulnerable to challenge.

Reliability

AI systems can produce inaccurate information with considerable confidence, sometimes referred to as ‘hallucinations’. AI hallucinations occur when a model confidently generates incorrect information that appears plausible.

As a result, AI may generate clauses that sound authoritative but are legally meaningless or include provisions that don’t reflect the current law.

Confidentiality risks

Sensitive personal information entered into AI platforms may not benefit from the same protections as information provided to a solicitor, who is subject to strict professional and regulatory duties.

Conclusion

AI undoubtedly has a role to play in modern life and within the legal profession. However, when it comes to preparing a will, technology shouldn’t be viewed as a substitute for professional advice.

A solicitor provides tailored guidance, ensures legal requirements are met and helps create a robust estate plan that reflects an individual’s wishes and protects future generations.