Can AI write your Will?

Online wills and DIY will-writing services have been available for years, but the arrival of AI has added a new twist to an old question: how much of the will-writing process can safely be automated? While technology can help produce a document, it cannot always identify the legal, financial and personal considerations that sit behind effective estate planning. As a result, many of the risks associated with AI-generated wills are the same risks that have concerned legal professionals for years.

Why is writing a will more complicated than it seems?

A will is often the end result of a much wider estate planning exercise. Before drafting begins, it is important to consider factors such as:

• Family relationships and future succession plans
• Property ownership arrangements
• Business interests
• Existing trusts
• Potential inheritance tax liabilities
• The needs of vulnerable beneficiaries

These issues are not always obvious. This is why people seeking advice on making a will often discover legal issues they had not previously identified themselves.

What are the risks of AI-generated wills?

The concerns surrounding AI-generated wills are largely the same as those associated with DIY wills and online will-writing services.

Important issues may be overlooked

AI can only work with the information it is given. It cannot apply human reasoning or identify every issue that may require further discussion or advice.

This can be particularly significant where an estate involves:

• Children from previous relationships
• Business assets
• Trust arrangements
• Vulnerable beneficiaries
• Inheritance tax concerns

If these factors are not addressed properly, the resulting will may not achieve the intended outcome.

Estate planning opportunities may be missed

One of the limitations of DIY wills, online wills and AI-generated wills is that they tend to focus on producing a document rather than exploring the wider estate planning picture. As a result, issues such as inheritance tax, asset protection and provision for vulnerable beneficiaries may not receive the level of consideration they require. This in turn means that opportunities for more effective estate planning may be missed.

Can an AI-generated will be invalid?

One of the greatest risks associated with DIY wills is not only the wording, but whether the document has been executed correctly. For a will to be valid, strict legal formalities must be followed. A seemingly minor mistake when signing or witnessing the document could render it invalid.

If that happens, the estate may pass under the rules of intestacy rather than according to the deceased’s wishes. Unfortunately, problems of this nature often only come to light after death, when they can no longer be corrected.

Can AI deal with complex family circumstances?

Family dynamics frequently influence how a will should be structured: issues involving blended families, capacity concerns, vulnerable beneficiaries or the risk of future disputes often require professional judgement, detailed record keeping, careful discussion and supporting documentation. While AI can provide generic information, it cannot assess personal circumstances in the same way as an experienced lawyer.

Final thoughts

The question is not simply whether AI can write a will. In many cases, it can produce a document that resembles one. The more important consideration is whether it properly reflects an individual’s circumstances and will operate as intended when it is needed.

As with DIY wills and online wills, the greatest risks often arise from issues that have not been identified during the drafting process. Our team of experienced wills solicitors can help ensure your wishes are clearly recorded, and your estate planning is tailored to your circumstances.

How we can help

Creating a will is rarely just about the document itself. Our Wills and Probate team can advise on your individual circumstances and help ensure your wishes are accurately reflected.

Whether you are preparing your first will or reviewing an existing one, we can provide tailored advice to help you plan with confidence.

Get In Touch

Paul Baker is an Associate Solicitor in our Wills & Probate team at Slater Heelis. He provides clear, practical advice on all aspects of estate planning, from drafting wills and lasting powers of attorney to managing digital and physical assets.

To speak with Paul or another member of the team, call 03330 606 026 or complete our online contact form to arrange a consultation.