What Are the Dangers of Making Wills with AI?
Artificial intelligence tools such as ChatGPT, Microsoft Copilot and Google Gemini are becoming increasingly popular for drafting documents, answering legal questions and even generating templates for Wills. While these tools may appear convenient and inexpensive, relying on AI to create a Will can carry significant legal risks.
Understanding the dangers can help you make informed decisions about protecting your family and your assets.
The Legal Requirements for a Valid Will
In England and Wales, a Will must meet specific legal requirements to be valid. Under the Wills Act 1837, a Will must be made in writing, signed by the person making it, and witnessed by two people who are present at the same time and who also sign the document.
AI tools cannot ensure that these formalities are followed correctly. If the document is not signed or witnessed properly, the Will could be declared invalid. This may result in your estate being distributed according to the rules of intestacy, rather than according to your wishes.
The Risk of an Invalid or Incomplete Will
While it is technically possible to generate a Will using AI, there is a significant risk that the document will not meet the legal requirements or will contain drafting errors. A poorly drafted Will may fail to distribute your assets properly or create ambiguity about your intentions. In some cases, this can lead to a partial intestacy, meaning part of your estate is not covered by the Will at all. Even small mistakes in wording can have major consequences for how your estate is handled.
Lack of Personalised Legal Advice
AI-generated documents are typically based on generic templates and cannot take into account the complexity of individual circumstances. Complications such as second marriages, blended families, business interests or vulnerable beneficiaries often require careful legal planning.
AI tools may also overlook important considerations such as inheritance tax planning, trusts for minor children or provisions for dependants. Without proper legal advice, the Will may not reflect your true intentions or adequately protect your loved ones.
Increased Risk of Disputes
Unfortunately, homemade or AI-generated Wills are often easier to challenge. If the document is unclear or poorly drafted, family members may dispute its meaning or validity after your death.
Contested Wills can lead to lengthy and expensive legal disputes, causing additional stress for loved ones during an already difficult time.
No Professional Accountability
Another key concern is accountability. AI platforms generally include disclaimers stating they do not provide legal advice. If something goes wrong with an AI-generated Will, there is usually no professional liability or regulatory oversight to rely on. By contrast, a solicitor such as RDC is regulated and carries professional indemnity insurance, meaning there is recourse if mistakes occur and therefore offering an extra level of protection.
The Value of Professional Guidance
Although it is legally possible to write your own Will in the UK, expert legal advice will ensure that your document is valid, clearly drafted and tailored to your circumstances.
A solicitor can help you consider important factors such as guardianship for children, tax planning, asset protection and the appointment of executors. Most importantly, they can ensure that your wishes are properly documented and legally enforceable.
Advice & Support from RDC Solicitors
Your Will is one of the most important legal documents you will ever create. While AI tools may seem convenient, the risks involved could leave your family facing uncertainty, disputes or unintended outcomes.
If you would like expert guidance on making or updating your Will, the team at RDC Solicitors is here to help. Contact us today on Bingley 01274 723858, Ilkley 01943 601173 or Bradford 01274 735511 for professional and confidential advice.
