Artificial intelligence is becoming part of everyday life. From drafting emails to answering questions and generating documents, it can feel quick, convenient and cost-effective. It’s therefore no surprise that some people are considering using AI tools to prepare their Will.
Is It Safe to Use AI to Write My Will?
Whilst AI can be a helpful starting point for understanding many legal concepts, it is far from a suitable substitute for expert and tailored legal advice from a trained legal professional, particularly when it comes to something as important as drafting your Will.
A Will Is Not a Standard Document
No two clients are the same. All individuals have different family structures and dynamics, different assets, business interests, tax positions and personal wishes and all of these things impact how a Will should be drafted.
AI works by producing generic wording based on common patterns and probabilities. It cannot properly assess:
- blended families or second marriages
- vulnerable beneficiaries
- overseas assets
- business or agricultural property
- trusts, life interests or discretionary arrangements
A Will that looks fine on the surface may indeed be legally valid but wholly inappropriate for your specific personal circumstances which can lead to significant problems in the future.
AI Cannot Give Legal Advice or Spot Risks in Your Wishes
A solicitor’s role is not just to write down what you say, it is to listen, to ask the right questions, to flag potential problems with your wishes and to explain the consequences of the different choices you wish to make.
When making a Will AI cannot:
- advise on inheritance tax planning
- assess capacity or undue influence
- warn you about potential claims under the Inheritance (Provision for Family and Dependants) Act 1975
- ensure your wishes are clear enough to avoid disputes
These are often the very issues that lead to costly disputes and litigation after death.
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Errors in your Will May Only Come to Light When It Is Too Late
One of the greatest risks with AI-generated Wills is that mistakes are often only discovered after death, when they cannot be corrected.
Common problems include:
- unclear or contradictory clauses
- gifts failing due to the incorrect wording being used
- executors lacking the necessary powers they require to assist in the administration
- invalid execution or witnessing of the Will
At that point, the cost of fixing the problem usually far exceeds the cost of having the Will professionally prepared by a Solicitor in the first place.
Capacity, Safeguarding and Record-Keeping Matter
Solicitors are trained to assess testamentary capacity and to identify red flags around vulnerability or pressure from others. We also keep detailed attendance notes and records that can be crucial if a Will is later challenged.
AI tools cannot:
- assess testamentary capacity
- protect against coercion
- provide evidence if the Will is disputed
These safeguards are a vital part of proper Will-making.
Do I need to register my Trust with HMRC?
Most trusts in the UK must be registered with HMRC’s Trust Registration Service, but certain trusts are exempt, such as those imposed by a court or created through legislation. Trustees are legally responsible for ensuring registration where required. Failing to do so can lead to penalties, so it is important to confirm your obligations with a solicitor or a tax adviser. Read more…
Convenience Should Not Outweigh Certainty
AI can be fast, but speed should not be the priority when dealing with your estate and your family and loved one’s future.
Using AI may feel efficient now, but it carries significant legal and financial risk later.
Contact our Wills and Probate Solicitors for Advice
At Thornton Jones Solicitors we use the appropriate technology in places where it enhances efficiency, but be assured that your Will is always prepared by an experienced solicitor who understands the law and, crucially, your individual circumstances.
At Thornton Jones our Private Client Solicitors will:
- take time to understand your wishes and you unique family situation
- advise on inheritance tax, trusts and future planning
- ensure your Will is clear, valid and robust
- provide advice to reduce the risk of disputes after death
Your Will is one of the most important documents you will ever sign. It deserves more than a generic template, it deserves proper legal advice.
Our experienced Wills and Probate team will are here to advise you when making your Will to ensure that the final document accurately reflects your wishes.
If you need assistance or advice you can contact our team today on 01924 290 029 or contact us using our online enquiry form.
Wills and Probate Solicitors FAQs
Testamentary capacity refers to a person’s legal ability to make or change a valid Will. Under English law, the person making the Will (known as the testator) must understand that they are making a Will, understand the nature and extent of their assets, and recognise who might reasonably expect to benefit from their estate. Wills can be challenged on the basis of a testator lacking testamentary capacity at the time the Will was prepared. A testator may lack testamentary capacity due to reasons of illness, cognitive impairment or vulnerability.
Coercion when making a Will occurs when someone may pressure, threaten or manipulate the person making the Will into including provisions they would not otherwise choose that may benefit them or another person. This pressure can take many forms, emotional, psychological or even physical. This type of behaviour is sometimes referred to as undue influence. If a court finds that the Will was made under undue influence, it can be declared invalid, because it does not reflect the true wishes of the testator.
The Inheritance (Provision for Family and Dependants) Act 1975 allows certain individuals to make a legal claim against a deceased person’s estate if they believe they have not been left reasonable financial provision. Eligible claimants may include spouses, civil partners, children, cohabiting partners, or dependants of the deceased. The court can redistribute part of the estate if it considers the Will or intestacy rules do not provide adequate financial support.
The content of this blog post is for information only and does not constitute formal legal advice and should not be relied upon as advice. Thornton Jones Solicitors Limited accepts no liability for any such reliance upon this content. Where the post includes links to external websites, Thornton Jones Solicitors Limited accepts no responsibility for the content of such sites. Any link to a third-party website should not be construed as endorsement by Thornton Jones Solicitors Limited of any content, products or services which are outside our direct control.
Contact our Wills and Probate Solicitors in Garforth, Leeds
Thornton Jones Solicitors
Westbourne House
99 Lidgett Lane
Garforth
Leeds
LS25 1LJ
Tel: 0113 246 4423
Fax: 0113 831 4929
Email: enquiries@thorntonjones.co.uk
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1 Burton Street
Wakefield
WF1 2GF
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25 Bank Street
Ossett
WF5 8PS
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6 Finkle Hill
Sherburn in Elmet
Leeds
LS25 6EA
Tel: 01977 350500
Fax: 0113 831 4929
Email: enquiries@thorntonjones.co.uk
