In an era where artificial intelligence (AI) is revolutionising various industries, legal services have not been left behind.  Many people now turn to AI-powered tools to draft their Wills, attracted by the speed, convenience, and cost savings these services offer.  However, while AI can certainly assist in structuring a Will, there are significant pitfalls that can arise, making professional legal advice from a solicitor the best course of action.

The Appeal of AI in Will Drafting

AI-driven legal drafting tools have become increasingly sophisticated, providing users with templates and automated guidance to create their Wills.  These tools typically work by prompting the user to answer a series of questions regarding their assets, beneficiaries, and any specific wishes.  Based on these responses, the AI generates a legally formatted document that can be printed and signed.

The advantages of AI-based Will drafting include:

  • Cost-Effectiveness – AI tools are often significantly cheaper than hiring a solicitor.
  • Convenience – Wills can be drafted at any time, without the need for in-person meetings.
  • Speed – The process is usually quick, allowing users to generate a Will in minutes.

The Pitfalls of Relying on AI for Will Drafting

While AI can help streamline the process, it is far from infallible. There are several risks associated with using AI-generated Wills, including:

1. Lack of Personalisation and Complexity Handling

AI tools are often limited to standard templates and may not account for complex family structures, tax implications, or unique wishes.  For example, if a person has children from multiple marriages, a business, or overseas assets, AI may not provide adequate guidance on how to structure the Will to ensure fair and legally sound distribution.

2. Risk of Invalidity

For a Will to be legally binding, it must meet specific legal requirements, including proper witnessing.  AI tools do not ensure that users correctly execute their Wills according to the Wills Act 1837, which could lead to the document being deemed invalid or challenged in court.

3. Failure to Consider Inheritance Tax Planning

A key aspect of estate planning is minimising inheritance tax liabilities.  Solicitors provide tailored advice on how to structure an estate efficiently, taking advantage of exemptions and reliefs.  AI tools, however, do not provide personalised tax planning, potentially leaving estates exposed to unnecessary taxation.

4. Inability to Address Ambiguities and Disputes

Solicitors can clarify ambiguous wording and anticipate potential disputes among beneficiaries based on their years of experience.  AI-generated Wills, however, may contain unclear language, increasing the risk of misinterpretation or legal challenges that can lead to costly court proceedings.

5. Lack of Legal Protection and Accountability

Solicitors are regulated professionals with a duty of care to their clients.  If an error occurs in a Will prepared by a solicitor, clients may have legal recourse to claim compensation.  AI tools, on the other hand, offer no such protection, leaving users vulnerable if mistakes arise.

Why Consulting a Solicitor is the Best Approach

Given the risks associated with AI-drafted Wills, seeking professional advice from a solicitor remains the best course of action. A solicitor:

  • Ensures that the Will is legally valid and properly executed.
  • Provides tailored advice based on individual circumstances.
  • Helps structure the Will in a tax-efficient manner.
  • Reduces the likelihood of disputes by drafting clear and precise clauses.
  • Offers peace of mind, knowing that the Will meets legal standards.

Conclusion

While AI presents an innovative approach to Will drafting, its limitations make it a risky alternative to professional legal advice.  The importance of a well-drafted Will cannot be overstated, as it safeguards one’s assets and ensures that loved ones are provided for according to one’s wishes.  To avoid potential pitfalls and costly legal disputes, it is always advisable to consult a qualified solicitor when drafting a Will.  For more information and advice, please contact a member of our Private Client team.