What are the risks of using AI to draft my will?

I need to write a will and have been considering using an AI tool rather than paying a solicitor. My affairs are fairly straightforward, so it seems like an easy way to save money but I’m wondering what the risks are. Could I end up making costly mistakes?

Adam Creasey, senior associate at Stevens & Bolton, says AI is increasingly becoming a part of everyday life. If it can be used to write an email or plan a holiday, what about preparing your will? AI chatbots are always eager to please and will generally have no hesitation in generating a will for you. But can you rely on it?

The nature of a will doesn’t lend itself very well to AI treatment. A will needs to take into account your circumstances and those of your family, your wishes, assets, and the complexities of inheritance tax. An AI chatbot may not identify issues that an experienced private client lawyer would spot immediately or even know what questions to ask to ensure that everything has been taken into account. Your will could be walking into a tax trap that AI simply hasn’t appreciated.

The language of a will must be precise. Lawyers are often criticised for using language that is difficult to understand, particularly in the case of will drafting. However, the reason for this is simple. The meaning of much of the language used has been verified over many years of case law, making the effect of the will certain. Wording generated by AI may appear entirely sensible at first glance but may create ambiguity in practice or lead to unintended consequences.

The risk of getting it wrong is a serious concern. The signing formalities of wills are strictly enforced and a solicitor preparing a will owes a duty of care to check that the will is signed correctly. An individual must also “know and approve” their will. In other words, they must understand its contents. Where a will is prepared by a solicitor, and signed before them, there is a strong presumption that this requirement is met. An AI-generated will poses a far greater risk of challenge.

What about specialist legal AI products? A standard practice of many lawyers is to charge on a “time spent” basis, and clients quite rightly expect us to be as efficient as possible to keep costs down. It therefore shouldn’t be a surprise that law firms are investing more and more into AI and trialling the most sophisticated legal products on the market.

Our next question

My grandfather recently passed away, leaving his two-bedroom house in the countryside to me and my sister. My sister wants to sell it, but I think we should rent it out and wait for the market to improve. How should we decide whether the rental income outweighs the cost, tax and responsibilities of being joint landlords? How can we avoid falling out over a shared asset?

Although many of these products are impressive, our experience is that even they cannot yet produce a will without significant oversight from a lawyer. Although private-client lawyers may breathe a sigh of relief at this, it’s an important reminder that a will is one of the most important documents a person will ever sign. The costs of preparing one properly are often modest compared with the costs, delays and disputes that can arise from an ineffective one.

The opinions in this column are intended for general information purposes only and should not be used as a substitute for professional advice. The Financial Times Ltd and the authors are not responsible for any direct or indirect result arising from any reliance placed on replies, including any loss, and exclude liability to the full extent.

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