Will AI, Won't AI - should AI write our Wills?

As AI becomes more prevalent in our professional and personal lives, the question arises: should artificial intelligence (AI) be trusted with legal responsibility? Mike Downey, Director & Head of Lifetime Planning in East Wales, explains why it isn’t a good idea to use AI to write your Will.

Why make a Will?

Making a Will is often seen as something you should do later in life, but it is an important part of Lifetime Planning for us all, no matter what age or circumstance. A Will makes sure everything you own is shared exactly as you want it to be when you pass away. Without a Will in place, your assets would be distributed according to the law. This can mean your loved ones miss out if they are not recognised by law as your next of kin, such as step-children or unmarried partners.

Can AI write my Will?

Traditionally, writing a Will involves consulting a Solicitor to ensure that your wishes are honoured, and that your Will is legally binding. However, in today’s digital age, the use of AI is creeping into every aspect of our lives with many people asking if it can take on some of the more complex, personal legal tasks.

To generate your Will using AI, the AI tool asks a series of multiple-choice questions to obtain the information needed. Once the questions have been answered, the Will is written within minutes, meaning it is a quick and on the face of it, a seemingly easy process.

What are the risks of using AI?

Although using AI to create a Will may seem convenient, it comes with many risks.

Firstly, AI-generated Wills often produce generic and semi-personalised documents based on only a few multiple-choice questions. Understanding the human dynamics at play requires a human touch. Humans offer judgement, empathy, and expertise, while AI lacks personal understanding.

Without this personalisation, there’s a high risk that the Will could lack unique clauses, which are crucial for maximising tax reliefs or accounting for complex business or personal matters.

Laws around Wills and wealth management are likely to change over time, and AI might not always pick up on the change. Consequently, if the Will does not comply with the law, it could be deemed invalid by the courts. Rectifying these mistakes could end up costing a considerable amount of money.

There is also a question about data security when using an online platform that we don’t yet fully understand. Making your Will with a fully regulated business not only keeps your data secure but it means that your loved ones can locate a robust Will when they need to, helping to remove uncertainty in what is an emotionally overwhelming time of life.

When using JCP Solicitors we give you the option to register your Will free of charge with Certainty, the national UK Will Register. We also encourage you to review your Will for free with us every three years as family circumstances can change quickly.

For those writing a Will and looking for the easiest option, it’s important to weigh up AI’s convenience with its accuracy. Ultimately, it cannot replace the human touch and expertise and compassion provided by experienced legal professionals. At JCP Solicitors we provide a tailored Will based on your personal circumstances, ensuring it properly records your wishes, is legally binding and most importantly, provides you with peace of mind.

For advice and guidance on lifetime planning, contact Mike Downey on 03333 208644 or email hello@jcpsolicitors.co.uk