Can I use AI to write a Will?

It feels like there isn’t much that AI can’t do for you. We use AI tools such as ChatGPT to write our shopping lists, summarise a long-winded work email and even plan our next holiday.

As a law firm, we’re increasingly aware of people using AI tools to seek legal advice and even draft their own legal documents, including Wills.

AI can draft most things for you, but what about a significant legal document, such as a Will?

Can I get ChatGPT to write my Will?

Technically, you can ask AI to draft your Will. You may ask ChatGPT to help get you started with some key points or try using an AI-driven legal drafting tool to answer a series of questions about your estate.

However, because a Will is a legal document that your loved ones (and the solicitor responsible for administering your estate) will rely on when you die, there are several risks associated with using AI to draft or generate your Will.

The risks of using AI to write your Will

Many people see how AI has the potential to streamline complicated processes, such as drafting legal documents or simplifying complex legal terms, all from the comfort of their own home and without the need and expense of arranging in-person meetings.

While AI tools are incredibly useful for pulling and breaking down information, they are not always reliable, especially with legal processes.

The main risks associated with AI-generated Wills:

• They are limited to standard one-size-fits-all templates. AI tools will often provide a basic Will or template using the information you provide. This may not necessarily account for complex family dynamics or structures. It is even more unlikely to provide advice on tax implications. A specialist Will Writer will look at the information you provide and ask the right questions to ensure your Will is suitable for your circumstances and limits the possibility of a Will dispute after your death.
• They may not be legally binding. Under the Wills Act 1837, there are several requirements for a Will to be legally valid, including a signature and proper witnessing. If, after your death, your loved ones believe or discover your Will is invalid, they may not be able to administer your estate and may even make a claim to challenge the validity of the Will. An AI tool cannot ensure your Will is correctly drafted and executed.
• Lack of legal protection. Solicitors and qualified Will Writers are regulated and have a duty of care to their clients. If a Will is prepared by a legal professional but contains an error, you or your loved ones will be able to claim compensation. If your Will is prepared by AI, you will not have any legal protection. Read more about why you should get a solicitor to write your Will.
• They are unlikely to consider IHT liabilities. The benefit of asking a legal expert to help with estate planning is that they will advise you on minimising Inheritance Tax liabilities. Proper estate and Inheritance Tax planning includes taking advantage of exemptions and reliefs and limiting unnecessary taxation on your estate; all for the benefit of your Beneficiaries. While an AI tool might prompt you to consider IHT, it will not provide personalised advice.

Beware of open-source AI

Many AI tools and platforms use open-source models. This means the information you put in is then publicly available for redistribution and modification. If you use open-source AI tools to draft your Will, any personal data you put in may then be discoverable and used by other people, sites or tools.

Are self-written Wills valid?

If you have already generated a Will using AI or you have a handwritten Will, you may be wondering if it is legally valid.

A handwritten or homemade (including ones ‘made’ in AI) is legal in the UK if it complies with the requirements of the Wills Act 1837. In other words, properly drafted, signed and witnessed.

If you have got an AI-generated Will and are confident that you have signed and witnessed it properly, it may well be valid; however, it may not adequately ‘provide’ for your Beneficiaries, leaving them and your Executors with serious problems after your death.

When to use AI in estate planning

We’ve established that AI Wills are generally not fit for purpose. But that’s not to say you can’t use artificial intelligence to help in other areas of estate planning.

AI can be useful as:

• A starting point when outlining and listing your assets and potential Executors and Beneficiaries.
• A tool to draft a letter of wishes to accompany your Will. A letter of wishes is not legally binding, so if you want to add any notes or preferences to your Will, you can include this, and AI can be a good starting point.
• A way to find reputable and highly rated Will Writers in your local area. Most AI tools will list local solicitors who specialise in Wills, based on their reviews and reputation.

Contact our Will Writers

While AI is incredibly useful for many things, it cannot yet replace qualified legal advice. Nor can it adequately protect you from the risks of a DIY Will. The only way to ensure your Will is legally valid and to properly plan your estate is to speak to a solicitor who specialises in Wills and estate planning.

Call our friendly team today on 0117 325 2929 or fill out our enquiry form. You can also get a free Will quote here.