AI-Generated Wills: Are They Legal and What Are the Risks?

Quick Answer

While an AI-generated Will may be legally valid if it complies with the requirements of the Wills Act 1837, there are significant risks involved. Artificial intelligence cannot fully assess an individual's family circumstances, inheritance tax position, business interests or future planning needs. Mistakes may only come to light after death, potentially leading to delays, disputes and unintended consequences.

Artificial intelligence is increasingly becoming part of everyday life. From drafting emails to summarising documents, AI tools can be extremely useful. It is perhaps no surprise that some people are now turning to AI to help prepare their Wills.

While AI can be a helpful starting point for considering your wishes, there are important limitations to be aware of. As with any do-it-yourself Will, mistakes may not come to light until after death, when it is too late to clarify what was intended.

Can Artificial Intelligence Create a Legally Valid Will?

In theory, an AI-generated Will could be valid provided it complies with the requirements of the Wills Act 1837. For a Will to be valid in England and Wales, it must satisfy certain legal formalities, including being signed by the person making the Will and witnessed correctly.

However, validity is only one part of the picture. A Will also needs to reflect a person's intentions accurately and deal with their individual circumstances. Family arrangements, inheritance tax considerations, business interests, trusts and jointly owned assets can all affect how an estate should be structured. Generic wording may not always achieve the outcome intended.

What Are the Biggest Risks of Using AI to Write a Will?

• Some of the most common risks include:
• Ambiguous or unclear wording
• Failure to deal with all assets
• Unintended partial intestacy
• Inheritance tax planning opportunities being missed
• Failure to account for blended families or changing family circumstances
• Inadequate provision for vulnerable beneficiaries
• Incorrect or unsuitable trust provisions
• Failure to appoint appropriate executors or trustees
• Out-of-date or inaccurate legal information
• A lack of clear evidence regarding the person's intentions

What Are the Legal Risks of Using AI to Write a Will?

In recent years, there have been a number of well-publicised examples of AI systems producing inaccurate information, sometimes referred to as "hallucinations". Courts in England and Wales have criticised the use of AI-generated material containing fictitious cases and incorrect legal authorities, highlighting the importance of verifying information obtained from these systems.

Although there have not yet been any reported English cases concerning AI-generated Wills, the same risks could potentially arise in estate administration and contentious probate. Ambiguous wording, omitted clauses or provisions which do not accurately reflect a person's wishes may lead to uncertainty and disputes between beneficiaries.

How Can an AI-Generated Will Go Wrong?

Consider a person who owns a family business, has children from a previous relationship and wishes to provide for a current spouse. An AI-generated Will may not properly balance those competing interests or consider available inheritance tax reliefs. A poorly drafted Will could result in unnecessary tax liabilities or disputes between family members.

Why Do Problems With AI-Generated Wills Often Only Come to Light After Death?

Unlike many legal documents, a Will is usually scrutinised only after the person who made it has died. If there are errors, inconsistencies or uncertainties, there may be no opportunity to ask what was intended.

This can lead to delays in administering an estate and, in some cases, costly disputes. Issues commonly seen with homemade Wills include unclear gifts, unintended partial intestacy and a failure to consider substitute beneficiaries.

Why Should You Use a Solicitor Instead of AI to Write Your Will?

AI can be a useful tool for gathering ideas and prompting discussions, but it should not replace tailored legal advice.

An experienced private client solicitor will take the time to understand your circumstances and ensure your Will reflects your wishes, while also considering matters such as inheritance tax, trusts, vulnerable beneficiaries and future changes in family circumstances.

Why Specialist Advice Matters

Our Private Wealth lawyers regularly advise individuals and families on Wills, inheritance tax planning, trusts and estate administration. We frequently encounter issues arising from homemade Wills and documents that do not accurately reflect a person's intentions, often resulting in avoidable complications after death.

Frequently Asked Questions About AI-Generated Wills

Can ChatGPT write my Will?

AI tools can generate draft wording, but they cannot provide regulated legal advice or assess your individual circumstances in the same way as an experienced solicitor.

Is an AI-generated Will legally binding?

Potentially, yes. An AI-generated Will may be legally valid if it complies with the legal requirements for making a Will and is executed correctly.

Can an AI-generated Will be challenged?

Yes. Like any Will, it may be challenged if there are concerns regarding interpretation, validity, capacity or undue influence.

What are the dangers of using AI to write a Will?

The principal risks include inaccurate drafting, missed tax planning opportunities, unclear wording and a failure to reflect the individual's circumstances.

Should I see a solicitor if I have already prepared a Will using AI?

Yes. A solicitor can review the document, identify potential issues and help ensure it accurately reflects your wishes and objectives.

Key Takeaways

• An AI-generated Will may be legally valid if it complies with the relevant legal requirements.
• AI can be useful for generating ideas and starting discussions about your wishes.
• AI cannot fully assess family circumstances, inheritance tax issues or long-term estate planning objectives.
• Errors may not be discovered until after death, when they can be difficult or impossible to correct.
• Professional legal advice helps reduce the risk of disputes, delays and unintended consequences.

How Can Tozers Help?

Preparing a Will is one of the most important steps you can take to protect those closest to you. Taking advice at the outset can provide peace of mind and help reduce the risk of problems arising in the future.

If you would like advice on making or updating your Will, our specialist Private Wealth team would be happy to help.

Contact our legal experts