Why AI-drafted wills may cost your loved ones far more than they save.
Artificial Intelligence has rapidly woven itself into everyday life. From drafting emails and planning holidays to answering complex questions in seconds, AI tools promise speed, convenience and low cost. It is therefore no surprise that some people are now turning to AI to prepare one of the most important documents they will ever sign: their Will.
At first glance, the idea seems appealing. Why not answer a few prompts online and generate a Will in minutes? But when it comes to estate planning, what appears efficient on the surface can conceal serious legal, financial and emotional risks beneath.
As a Private Client solicitor, I am increasingly asked whether AI-generated Wills are “good enough”. My answer is always the same: a Will is not just a document — it is a safeguard for your family, your assets and your wishes. And that is something no algorithm can fully understand.
The Rise of AI and the Illusion of Simplicity
The UK has become one of the most enthusiastic adopters of generative AI in Europe. Tools such as ChatGPT can now produce complex written documents with impressive fluency. However, confidence in AI does not equate to legal accuracy.
AI systems are not legally trained professionals. They do not understand nuance, family dynamics, or the consequences of poorly drafted clauses. They simply generate content based on patterns in data. When applied to something as personal and legally sensitive as a Will, this lack of judgement can be deeply problematic.
What AI Can’t See (But a Solicitor Can)
One of the greatest risks of an AI-drafted Will is omission. AI can only respond to the questions it asks and it often does not know what it should be asking.
When you instruct a solicitor, you benefit from:
- A tailored discussion about your family, finances and future intentions
- Advice on inheritance tax planning and asset protection
- Identification of issues that may cause disputes after death
- Recommendations for additional documents, such as trusts or Letters of Wishes
AI does not flag potential conflicts, complex family arrangements or vulnerable beneficiaries. These oversights often only come to light after death, when they are difficult and sometimes impossible to fix.
Privacy, Confidentiality and Data Security
Wills often contain highly sensitive personal and financial information. Many public AI platforms retain and reuse data entered into them.
By contrast, solicitors are bound by strict professional duties of confidentiality and data protection. Using an AI platform to draft a Will may expose personal information to risks that clients are not fully aware of, or comfortable with, once explained.
Capacity: A Critical Safeguard AI Cannot Provide
A valid Will requires the testator to have testamentary capacity at the time it is made. This is not a tick-box exercise.
A solicitor will assess capacity, record detailed attendance notes and, where appropriate, involve a medical professional to confirm understanding. These safeguards are invaluable if a Will is later challenged.
AI tools cannot assess capacity. They cannot identify warning signs, adapt their approach or provide evidence if a Will’s validity is questioned. This significantly increases the risk of costly disputes for grieving families.
Undue Influence and the Risk of Abuse
Another serious concern is undue influence. Without professional oversight, there is nothing to prevent a third party from drafting a Will using AI and pressuring someone to sign it. Nor is there an independent experienced person who could, in the event of a dispute, confirm that in their view the testator was acting of their own accord.
Solicitors are trained to spot red flags. We ensure instructions are given freely and independently, and we take steps to protect vulnerable clients. AI offers no such protection, and that absence can have devastating consequences.
Execution Errors: When a “Perfect” Will Is Still Invalid
Even a well-written Will is worthless if it is not executed correctly.
AI tools frequently fail to explain the strict legal rules around signing and witnessing. Incorrect execution remains one of the most common reasons Wills are declared invalid, leading to intestacy and family conflict.
A solicitor ensures that execution is carried out properly, often supervising the process to remove doubt entirely.
Technology Has a Role, But Not Alone
AI undoubtedly has a place in modern legal practice. Used responsibly, it can support research, efficiency and innovation. However, it should complement, not replace expert legal advice, particularly in private client matters where no two estates are ever the same.
A Will is not simply about dividing assets. It is about protecting relationships, reducing stress for loved ones and ensuring your voice is heard when you are no longer here to explain it.
Peace of Mind Is Not Artificial
The real cost of an AI-generated Will is often paid later, through family disputes, litigation and unintended outcomes. What begins as a low-cost solution can become an expensive legacy.
At Bennett Oakley Solicitors, we believe that thoughtful, bespoke legal advice remains the safest and most compassionate way to plan for the future. Our role is not just to draft documents, but to guide, protect and support our clients at every stage.
When it comes to your Will, peace of mind should be real not artificial.
Need Advice on your Will? Contact our Private Client team today to arrange a confidential consultation.
