Artificial Intelligence (“AI”) has rapidly become part of everyday life. From drafting emails to answering complex questions, AI can produce impressive results in a matter of seconds. Unsurprisingly, many people are now turning to AI to prepare important legal documents, including their Wills.
Whilst AI can be a useful source of general information, relying on it to draft your Will could prove to be a costly mistake.
Here, we explore the key risks of using AI to prepare your Will and explain why professional legal advice remains invaluable.
AI cannot understand your personal circumstances
Every family is different, and every estate presents its own unique considerations.
AI can only work with the information it is given. Unlike an experienced solicitor, it cannot identify issues that you may not have thought to mention or ask probing questions to uncover potential problems.
For example:
- Do you have children from a previous relationship?
- Are you unmarried but living with a long-term partner?
- Does one of your beneficiaries receive means-tested benefits?
- Do you own a business or overseas property?
- Are there inheritance tax implications?
- Are you widowed and getting re-married?
- Would a trust better protect your assets?
These are all matters that can fundamentally affect how your Will should be drafted.
Do you feel comfortable sharing your personal information?
There are so many models of AI and there is no certainty how information is stored and reused. You should really ask yourself whether you feel comfortable sharing your personal information, names and details of family members and your financial information. It is risk not knowing where this information will end up!
Legal formalities matter
A Will is only valid if it complies with the legal requirements set out in the Wills Act 1837. It must be correctly signed and witnessed, and the circumstances surrounding its execution are just as important as the wording itself.
AI may generate a document that appears legally correct, but it cannot supervise the signing process or ensure that the legal formalities have been properly observed.
An incorrectly executed Will may be declared invalid, leaving your estate to be distributed under the intestacy rules rather than in accordance with your wishes.
Poor drafting can lead to family disputes
One of the greatest risks of AI-generated legal documents is ambiguity.
Legal drafting requires precision. Words that appear clear to the average reader can carry entirely different legal meanings or create uncertainty when interpreted after death.
An unclear clause could result in:
- disputes between family members;
- delays in administering the estate;
- expensive litigation;
- beneficiaries receiving less than intended; or
- parts of the Will failing altogether.
The cost of resolving these disputes can far exceed the cost of obtaining professional legal advice in the first place.
AI does not provide legal advice
There is a significant difference between providing information and giving legal advice.
AI can explain general legal principles, but it cannot assess whether a particular clause is appropriate for your individual circumstances or advise on the best way to achieve your objectives.
A solicitor’s role extends far beyond drafting documents. They identify risks, discuss alternative options, explain the legal consequences of your decisions and ensure your wishes are properly protected.
That professional judgement simply cannot be replicated by AI.
Estate planning is about more than just writing a Will
Many people assume that preparing a Will is simply a case of deciding who inherits their assets.
In reality, effective estate planning often involves much more.
You may need to consider:
- inheritance tax planning;
- trusts for vulnerable beneficiaries;
- protecting assets for future generations;
- business succession planning;
- guardianship provisions for minor children; and
- the treatment of digital assets and online accounts.
AI cannot proactively recommend sophisticated planning because it does not fully understand your wider financial or family circumstances.
There is no professional accountability
When you instruct a solicitor, you benefit from professional regulation, indemnity insurance and a clear duty of care. By contrast, AI offers no responsibility for the legal consequences of the documents it produces. If mistakes are discovered after your death, it is your family not the AI that must deal with the fallout.
The crux of the issue
AI is an extraordinary technological advancement and has an important role to play in many aspects of modern life. However, when it comes to preparing your Will, it should never replace legal advice.
Your Will determines how your estate is distributed, who administers your affairs and, in many cases, who will care for your children. It is a risk to rely on AI to understand the intricacies of your personal circumstances and provide professional advice.
It may seem like the cheaper option now but unravelling the issues post death can be costly for your loved ones.
You should review your Will every five years, or sooner if your circumstances change, for example, following marriage, divorce, the birth of a child, the purchase of property or a significant change in your financial position.
How Pinney Talfourd can help
At Pinney Talfourd, our experienced Private Client team are here to help. We provide clear, practical advice and take the time to understand your family, assets and future plans. To find out more, please contact our team on 01277 246 849.
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