The risks of AI-generated wills: Why professional legal advice matters

With AI now helping people with everything from writing emails to planning holidays, it’s perhaps no surprise that AI-generated wills are also on the rise. But when it comes to creating such an important legal document, there are a number of risks that individuals should be aware of.

AI is playing an ever-growing role in our day-to-day lives, with more and more of us using AI technology to find information, perform research tasks and summarise documents. Now, an increasing number of people are using AI to generate official documents from scratch, including CVs, letters, financial documents, job applications and even legal documents, such as wills.

A person making a will (known as a “testator”) has the freedom to create a will themselves, provided it meets the minimum requirements set out in section 9 of the Wills Act of 1837. Indeed, self-drafted and homemade wills long pre-date the onset of AI technology. However, a particular set of issues arise in relation to AI-generated wills.

A recent study by KPMG and the University of Melbourne revealed that 66% of AI users will habitually rely on AI-generated output without checking its accuracy first. Those intending to create a will using AI should be wary that there can be countless unintended consequences to signing a will without properly understanding its contents.

Why professional will writing advice matters

A professionally drafted will should be created following a series of in-depth discussions with the testator about their needs and circumstances, resulting in a bespoke document that caters to their specific wishes and requirements.

Not all wills are simple, and factors such as a large or blended families, having assets or relatives overseas, significant business or agricultural assets, or a potential liability for Inheritance Tax (IHT), may require special provisions in order to ensure that the testator’s estate is properly and effectively dealt with following their death. An AI-generated will risks addressing only the testator’s immediate wishes while failing to anticipate potential complications.

The dangers of relying on AI to write your will

A testator may prompt AI to generate their will based on a limited set of criteria which does not properly consider the range of possibilities that may apply to their estate. For example, what should happen to their estate if a key beneficiary should predecease them, if IHT becomes payable, or if there are insufficient funds available to fund a legacy?

While it is not possible to account for every eventuality, a professionally drafted will should account for multiple possibilities and anticipate potential risks. Accordingly, a qualified legal professional should ask relevant and focused questions to the testator to draft a will which is as flexible and “future-proof” as possible.

Meanwhile, a will created using AI might fail to anticipate potential challenges to a testator’s estate following their death. A testator can only create a legally valid will if they have the requisite mental capacity to do so. This includes having a clear understanding of the nature and extent of their estate and being free of any condition that might impair their decision-making. Uncertainty surrounding the testator’s mental capacity, or an allegation of undue influence, can give rise to a challenge to the testator’s estate following their death. This can be costly, time-consuming and extremely stressful for the family members affected.

Can AI-generated wills be legally challenged?

Over the course of creating a will, a legal professional can take a robust approach to mitigate the risk of a future challenge to the testator’s estate. This may include maintaining a detailed record of all meetings with the testator, reviewing and affirming their mental capacity in writing, or certifying that the will was created in the absence of any undue influence from a third party. Although AI can draft a valid will, it would be unlikely to consider any such steps to safeguard the testator’s wishes in this way, leaving their estate more vulnerable to be challenged following their death.

AI is here to stay, and its widespread use to generate documents such as wills will undoubtedly continue. As such, many legal professionals anticipate a rise in the number of estates being contested or administered differently to the testator’s intentions, with an increased risk of disagreements within families as a result. Alternatively, a greater number of full or partial intestacies could arise where a will does not properly deal with certain assets, and intended beneficiaries could lose out altogether if the intestacy rules are applied to the estate.

Are there any additional risks of AI-generated wills?

Further risks of AI-generated wills include incurring greater legal costs to administer the estate, longer timescales for completing complicated administrations, and stress and expense for family members and friends. Many self-made or DIY wills are made in order to avoid the costs of legal expertise, however any savings made up-front will pale in comparison to the vast expenditure of dealing with a problematic estate caused by an inadequate will.

It is often the case that, once a will is completed and signed, it is stored away until the testator has died, at which point it is simply too late to correct any errors or shortcomings in the will. If an AI-generated will does not adequately deal with an estate, there is little that executors or beneficiaries can do to rectify the situation and avoid severe complications and expense. It is therefore imperative that proper and comprehensive advice is sought in advance of creating a will, to ensure that the document created can effectively and appropriately deal with all assets in the estate in the manner the testator intended.

If you are considering making or updating a will, seeking professional legal advice can help ensure your wishes are clearly recorded and your estate is protected. Please get in touch with our team of experts to discuss your circumstances and how we can help.

Our wills, trusts & probate team have recently been recognised again in the Chambers UK High Net Worth guide for their expertise and exceptional level of client care.