Can I use AI to write my Will?
The answer, technically speaking, is yes. But then again, technically speaking, my toaster can be used to warm socks. That doesn’t mean it’s a good idea.
You see, ChatGPT and similar AI tools are a marvel of modern engineering— they can produce text that looks convincing, sounds authoritative, and might even pass muster at a glance. But when it comes to something as legally delicate as your Will, appearances are not enough.
The Legal Landscape
Under English law, a valid Will must meet certain formalities. These are not optional. They are not “guidelines” or “best practices.” They are rules. If you break them, your Will could be as useful as a chocolate teapot.
For starters, the Will must be signed and witnessed correctly. That means two independent witnesses, present at the same time, watching you sign the document. AI cannot supervise your signing, nor can it verify whether or not your cousin Nigel shouldn’t act as your witness.
Then there’s clarity of intent. Your Will must make it abundantly clear what you want to happen to your estate. If it’s ambiguous—say, you leave “my house” to someone, but you own three houses—then you’re inviting a family feud worthy of a soap opera. AI, for all its cleverness, doesn’t know your life. It doesn’t know your assets, your relationships, or the law’s fondness for precision. It guesses. And guessing is not a good legal strategy.
The Risks
Let’s look at the risks of using AI (like ChatGPT) to write your Will. They are many, and they are serious.
• Omissions and ambiguity: AI might forget to include your pension or your holiday home in Devon. It might muddle your intentions or misinterpret your instructions. The result? Confusion, disputes, and possibly costly litigation.
• Misleading confidence: AI has a habit of sounding very sure of itself. It will tell you things with the confidence of a pub know-it-all, even when it’s completely wrong. And unless you’re a Solicitor, you will not spot the errors.
• Invalid signing: As mentioned, AI cannot witness your signature or make sure your Will is executed properly. This alone can render the Will invalid.
• Jurisdictional errors: AI is trained on global data. It might default to American law, or Canadian law, or Martian law for all we know. Unless you’re paying close attention, you could end up with a Will that’s legally meaningless in the UK.
• No safety net: If your AI-generated will goes wrong, there’s no one to blame. No professional indemnity insurance. No regulatory body. Just you, your grieving relatives, and a costly legal mess.
When AI Might Be Useful (But Only Just)
Now, I’m not saying AI is entirely useless. That would be unfair. It can be helpful in certain limited circumstances.
• If you’re trying to understand basic legal terminology, AI can explain things in plain English. It’s like having a friendly paralegal who never sleeps.
• If you want to explore your options before speaking to a Solicitor, AI can help you think things through. It’s a bit like sketching out a route before you set off on a long drive.
But—and this is a big but—AI should never be your sole source of legal advice.
When You Absolutely Must See a Solicitor
There are times when DIY simply won’t cut it. If any of the following apply to you, put down the chatbot and pick up the phone:
• You own property or assets in more than one country.
• You have children, dependants, or vulnerable beneficiaries.
• You’re divorced, separated, or part of a blended family.
• You want to exclude someone from your Will (brace yourself).
• You’re trying to minimise inheritance tax.
• You’re worried about your Will being challenged.
Solicitors are trained to spot problems before they arise. They draft watertight clauses. They ensure proper execution. And crucially, they’re regulated and insured. If something goes wrong, you have recourse.
Final Thoughts: Don’t Leave It to Chance
AI tools like ChatGPT are clever pieces of kit. It can explain things, simulate conversations, and even write a passable sonnet. But it cannot replace a Solicitor. Not for something as important as a Will.
For most people, especially those with anything more complex than a goldfish and a savings account, seeing a Solicitor is the safest, most cost-effective way to ensure your wishes are honoured.
This article is written by Anna Boucher. Anna may be contacted at anna.boucher@theburnsidepartnership.com