Making a Will is the most important step an individual can take to ensure that their assets pass in accordance with their wishes upon their death.
As AI has become increasingly prevalent in our personal and professional lives, it comes as no surprise that people are using AI to prepare their Will.
By answering a short series of questions about your wishes on a popular AI app, a basic Will can be produced for free, within minutes. People are viewing AI as a cheaper, quicker and more convenient alternative to using a solicitor to prepare their Will for them.
Our Wills, Trusts and Probate Lawyers explore how, whilst the convenience and accessibility of using AI may be appealing, the potential pitfalls need to be considered by those exploring using AI to create a legally binding Will.
After all, the effects of a Will cannot be seen until after death, which is often too late to remedy.
1. Lack of Personalisation for Complex Circumstances
Wills often need to account for complex and sensitive circumstances that are rarely straightforward.
From vulnerable beneficiaries to business assets, and blended families to properties overseas, these are all factors that need to be considered very carefully when preparing a Will.
By requiring users to answer a series of standard questions to prepare a Will, it allows little scope to produce unique clauses that may be essential to offer protection and even maximise tax reliefs in complex estates.
Future complications with unique family dynamics or complex assets cannot be anticipated by AI.
At the same time, a solicitor applies their professional judgement based on experience to help identify potential risks and suggest different approaches that their client can take, which may be outside the limited scope of just preparing a Will.
2. Invalidity Due to Missed Legal Formalities
There are several requirements that must be satisfied for a Will to be legally binding in the UK.
Many of these requirements surround the execution of the Will, which would be impossible for AI tools to monitor accurately.
A Will must be signed by the testator in the presence of two adult independent witnesses who are not beneficiaries of the estate, or the spouse of a beneficiary.
An individual who has not made a Will before may not be aware of the importance of signing the Will in accordance with these requirements unless AI has highlighted this to them.
An unfortunate oversight here could lead to the Will being declared invalid and the testator's wishes ultimately not being followed.
The Will could also be challenged on the basis that the individual lacks mental capacity or has been coerced into making the Will, as an independent assessment has not been made and documented.
3. Ambiguous Language and Misinterpretation
Clear language needs to be used in Wills to avoid the risk of the Will being misinterpreted in the future.
AI may be able to produce a Will quickly, but if the language it uses creates uncertainty as to the testator’s intentions, then this could lead to the Will being misinterpreted altogether.
People would think twice about using AI to draft their Will if they knew that the wording it uses could have unintended consequences in the future.
Sometimes, this could lead to an increase in tax payable on the estate, leaving less for the beneficiaries.
4. Increased Risk of Disputes and Litigation
Errors in a Will can have devastating consequences and cause issues between family members.
A poorly drafted Will that fails to meet legal formalities may be contested in court. If a Will is contested, this would delay the distribution of assets, cost thousands of pounds in legal fees and could take many years to resolve.
A prolonged legal battle to decipher the true meaning of the Will would also be significantly more expensive than instructing a solicitor to prepare a legally sound Will in the first place.
If a Will is declared invalid by the Court, the estate would then be distributed in accordance with a previous valid Will or the intestacy rules. In the case of intestacy, the law would stipulate who would inherit from the estate, regardless of what the testator may have intended, which may include young children inheriting vast sums of money at the age of 18.
These rules do not make provision for unmarried partners or stepchildren, and so individuals who fall within this category of relation to the deceased could be left with nothing.
5. No Accountability and Regulation
AI platforms use disclaimers to caveat that they are not providing legal advice. Some platforms even advise users to have their AI-generated Will reviewed by a legal professional.
AI is unregulated, so if something subsequently goes wrong with their AI-generated Will, it is likely that there will be no option for recourse.
Solicitors are human, so mistakes can happen; however, this is why the Solicitors Regulation Authority (SRA) requires law firms to have professional indemnity insurance in place to ensure that a client who suffers financial loss due to a solicitor’s error or negligence can be compensated.
Solicitors have a professional responsibility to remain up to date with changes to legislation.
This can only be advantageous to someone who is making a Will with complex circumstances over using an AI platform, which may deliver outdated or incorrect information.
It is well known that AI is pulling together information from other resources to provide answers, including sources which are unreliable or, in some cases, even made up.
Using an AI platform to draft your Will may appear to be a good idea in today’s technology-driven world.
However, consideration should be given to the risks of using AI to prepare such an important document and the danger that this poses to you and your loved ones.
A solicitor will provide personalised advice which is tailored to their client’s personal circumstances whilst offering a human touch throughout the process.
AI currently struggles with emotional intelligence, common sense reasoning and ethical decision-making.
Contact Our Wills, Trusts and Probate Lawyers
At Myerson, our Wills, Trusts and Probate solicitors have the expertise to provide you with tailored advice that reflects your unique circumstances and objectives. We will guide you through every step of the process to ensure that your wishes are accurately recorded within your Will.
0161 941 4000
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Ellie Dalby
Associate
Ellie specialises in a variety of Private Client matters including the preparation of Wills and Lasting Power of Attorneys and the administration of estates.
Ellie has an approachable and professional manner. She aims to provide clear advice and guidance to clients during what can often be a difficult and sensitive time for them.
Before joining Myerson in June 2025, Ellie completed her legal training at Poole Alcock LLP. Ellie qualified as a solicitor in February 2024 and specialised in Wills and Probate.
Ellie completed her legal studies at the University of Sheffield. She graduated with an Upper Second Class Honours in her undergraduate Law degree and achieved a Commendation in the MA in Legal Practice (LPC).
About Ellie Dalby