Can AI really write your will?

AI has transformed how many of us approach everyday tasks, from drafting emails to managing finances. At HCR Law, we’ve embraced AI and recognise its growing role in the legal industry.

It’s therefore unsurprising that clients may turn to AI tools for their legal needs.

The rise in AI will drafting

Most of us are familiar with the benefits of AI-powered platforms. They can produce a will in minutes, often at little or no cost and, on the face of it, it appears legally sound.

While the appeal is clear, using AI to prepare what is arguably the most important legal document you’ll ever sign can carry significant risks.

What can go wrong with an AI-generated will?

Failure to account for individual circumstances

AI responses are only as good as the prompts they receive. They can’t ask probing questions, identify missing information or properly assess your personal circumstances. They simply work with the information provided.

As most users aren’t legally trained, they are unlikely to know what information is required to produce a valid will. Unlike a solicitor, AI can’t identify what information has been omitted. Complex family structures, blended families, business interests, property held abroad and existing trust arrangements all require careful consideration.

Inadequate tax planning

One of the primary purposes of a well-drafted will is to mitigate inheritance tax exposure. AI tools are unlikely to advise on the full range of reliefs and exemptions available, such as gifts out of surplus income, business property relief or the residence nil-rate band. Without proper advice, beneficiaries may face an unnecessarily large tax bill.

Errors in execution

For a will to be valid in England and Wales, it must comply with the requirements of the Wills Act 1837, including being signed by the testator in the presence of two witnesses who also sign the document. AI platforms may not adequately guide users through these formalities, and any defect in execution can render the will invalid.

Intestacy risks

If an AI-generated will is found to be invalid, the estate may be distributed under the intestacy rules, which may not reflect your wishes. This can be particularly damaging for unmarried partners, stepchildren or close friends you intended to benefit.

Ambiguous or ineffective drafting

Legal language must be precise. A poorly worded clause can create ambiguity, leading to disputes between beneficiaries or, worse, failing to achieve the testator’s intentions altogether. AI-generated documents frequently use generic wording that may not reflect what the individual actually wants.

Contested estates

Ambiguous or poorly drafted wills are more likely to be challenged, leading to protracted and expensive litigation that diminishes the value of the estate.

A key factor in many contested estate claims is whether the testator had the necessary testamentary capacity when making their will. A solicitor will assess this carefully, often making detailed attendance notes and, where appropriate, obtaining medical evidence to support capacity. These contemporaneous records can prove invaluable if the will is later challenged.

AI can’t carry out such assessments or create a contemporaneous evidential record. Without a proper capacity assessment and supporting file note, the will is left highly vulnerable to challenge.

Overconfidence and inaccuracies

The CEO of OpenAI, Sam Altman, has acknowledged surprise at the level of trust users place in tools such as ChatGPT, despite their tendency to produce incorrect information, particularly when AI ‘hallucinations’ occur.

AI hallucinations happen when a model confidently generates incorrect, misleading or fabricated information that appears plausible. These systems predict likely word sequences rather than truly understanding the law and may therefore produce confident but inaccurate outputs instead of acknowledging uncertainty.

This means AI may generate clauses that sound authoritative but are legally meaningless or include provisions that don’t reflect the current law.

Data security and confidentiality risks

Many AI tools rely on open-source models or process data via third party systems. This means that sensitive personal and financial information entered into these platforms may not be securely protected and could be stored, analysed or reused.

Unlike solicitors, who are bound by strict professional duties of confidentiality and data protection obligations, AI platforms may not offer the same level of safeguarding. Sharing details of your estate, assets and family circumstances through such tools could expose highly sensitive information to unintended risks.

Conclusion

AI clearly has a role to play in many aspects of modern life. However, when it comes to something as important as your will, the risks of relying on technology alone are significant.

A will is one of the most important documents you’ll ever make and deserves careful consideration and professional input. A solicitor provides far more than a document, offering expertise and judgement that no algorithm can replicate. They deliver tailored advice to ensure your estate plan is robust, effective and aligned with your wishes.

If you’re considering making or updating your will, seeking advice from a solicitor will help ensure your wishes are properly carried out and your estate is protected for future generations.