Should you use AI to write your will? Artificial intelligence or “AI” tools—especially those that can generate text—are becoming part of everyday life. From drafting emails to helping with research, these systems are designed to make our lives easier and more efficient. It’s no surprise, then, that some people are beginning to explore whether AI could help with something as important as writing a will.
At first glance, using an AI tool to draft a will may appear appealing: quick, low-cost, and available at any time. But while technology can be incredibly powerful, relying on AI for any legal documents can create significant risks. When it comes to something as personal and legally sensitive as planning your estate, you need to know the potential pitfalls.
Below, we explore the key issues you should consider before turning to AI to prepare your will.
1. AI Cannot Spot Legal Mistakes or Omissions
AI systems are not trained lawyers. They generate text based on patterns—not on an understanding of the law or the consequences of estate-planning choices.
As a result, an AI-generated will may overlook:
- Essential legal formalities
- Tax considerations
- Ambiguities in wording
- Conflicts within your instructions
These gaps may not become apparent until after death, when they are much harder—or more likely impossible—to fix. A professionally drafted will, by contrast, is tailored to your circumstances and thoroughly checked for accuracy and completeness.
2. Testator Capacity Must Be Considered
One of the fundamental requirements for a valid will is that the person making it has mental capacity at the time of signing. AI cannot assess this.
A solicitor or will writer, however, is trained to identify any concerns, discuss capacity in context, and when needed, arrange a formal capacity assessment. This can be crucial evidence if the will is ever challenged after death. Without this layer of protection, families may face costly disputes.
3. AI Cannot Guard Against Undue Influence
If someone pressures a vulnerable person into making a will, AI will be none the wiser—it simply produces text based on the answers it is given.
A solicitor or will writer provides important safeguards by ensuring:
- The testator is giving instructions freely and in private to an independent person, without a beneficiary present
- No one is influencing or directing their decisions
- The will reflects the testator’s true wishes
Without this oversight, the risk of abuse or forgery increases significantly.
4. Lack of Personalisation Can Lead to Poor Outcomes
AI can only work with the information you provide. It cannot anticipate:
- Complicated family dynamics
- Business or overseas assets
- Trust arrangements
- Needs of vulnerable beneficiaries
Wills often require careful drafting to navigate nuanced or sensitive issues. Without personalised advice, the resulting document may be overly generic and fail to achieve what you intend.
5. Privacy and Data Security Risks when using AI to write your will
Public AI systems learn from the data users input into them and may store or process that information in ways that aren’t fully transparent. When preparing a will, you will need to enter highly sensitive personal and financial information.
There is a real risk that:
- Your data could be stored abroad
- It may be used to train future AI systems
- It could be accessed by others, if the platform is compromised
A solicitor or will writer provides a confidential environment where your information is protected.
6. Correct Signing and Execution Are Essential
Even a perfectly drafted will can be rendered invalid if it is not signed and witnessed correctly. AI tools often fail to explain jurisdiction-specific rules around execution.
A solicitor or will writer will guide you through the correct process or supervise the signing themselves. Without this, there is a genuine risk that your will could be declared invalid—undoing all your intentions.
In Conclusion: AI Cannot Replace Professional Advice
While AI is an impressive tool and may be helpful for gathering information or thinking through ideas, it is not a substitute for expert legal advice, and we recommend that you should not use AI to write your will. A will is one of the most important documents you will ever create. The potential risks—invalidity, disputes, tax inefficiencies, or unintended consequences—far outweigh any perceived convenience of using AI.
Every estate is different, and a bespoke service from an experienced, real life legal professional remains the best way to ensure your wishes are followed and your loved ones are protected.
If you’d like advice or support preparing your will or lasting powers of attorney, or assistance with probate work, Chiltern Wills is here to help. You can find details of our fees here. Call or email us for a free initial discussion about how we can help with what you need.