Why you still need a solicitor
The legislation surrounding wills in England and Wales is undergoing a notable shift toward digitalisation. The Wills Bill 2025 (currently in draft form) proposes a major overhaul of the Wills Act 1837. It includes the recognition of electronic wills.
Many feel that this modernisation is long overdue so that making a will can become both more accessible and reflective of the advancing digital society which we now live in.
The rise of AI and tech in estate planning
AI powered platforms are increasingly used as a convenient and immediate source of information. Lots of people are turning to AI for a whole host of things, including the generation of their wills. After all, if AI can do it easily and conveniently, and it’s free, why wouldn’t you?!
It's fair to say that there are some examples of AI generated wills which demonstrate a grasp of basic legal principles, for example, the need for two independent witnesses; essential if a will is to be valid. But…
Where AI falls short
AI generated wills are not without risk. They often lack detail and the same level of personalisation a legal adviser would provide.
Most importantly, AI systems are only as effective as the instructions they receive. Many people who are feeding instructions to AI won’t have the necessary understanding to ensure that critical tax planning opportunities aren’t being missed, or to identify whether it’s walking the executors into an administrative headache because of the mix of the assets or combination of beneficiaries.
These are the sorts of issues that a professional adviser would’ve been able to provide comprehensive advice on.
One of the most concerning points is that individuals may sign an AI generated will and be unable to detect whether the document or signing process contained errors making it invalid.
It’s really worrying that people could be creating documents that fail to reflect their true intentions or even fail to comply with legal standards.
The risk of disputes
Poorly drafted wills, whether by AI or otherwise, can lead to costly disputes. AI of course has no human element, so it can’t take into account the significance of a testator’s wider intentions and family background.
Whilst it can generate documents in accordance with a person’s request, it’s not comparable to genuine legal advice.
A professional adviser can listen to your intentions and provide advice on the most efficient way to implement them.
The rise of technology and AI also creates understandable concerns around a lack of proper oversight. There’s plenty of opportunity for arguments about manipulation or misunderstanding by the testator. It’s easy to see how this could result in scenarios that lead to emotional and lengthy disputes.
A tool, not a substitute
AI is undeniably a valuable tool, but it should never be used in isolation. It can’t replace the legal experience and judgement of a qualified solicitor.
Private client is an area of law that’s inherently human in terms of the emotional element that can drive clients.
Whilst lawyers, like many other professionals, must evolve to embrace digital solutions, it must be remembered that technology is intended to serve and not replace humans, and for private client lawyers, this is no different.
If you're considering making or updating your will, don’t neglect to take specialist legal advice. A professionally drafted will can ensure that your wishes are clearly expressed and legally valid.
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