Why not use AI to write your Will?

AI can answer questions and produce impressive-looking documents in seconds. So why not ask it to write your Will?

It might at first glance seem like a quick and cheap option. But making a Will is not just a matter of putting legal sounding words on a page. It involves understanding your family and finances and spotting issues you might not have considered. A well-drafted Will will ensure that your wishes really will work in practice after your death.

An AI-generated Will is not automatically invalid due to AI helping to produce it. However, it must comply with the law of England and Wales and reflect your true wishes. The real risk is that a document can look convincing while containing a mistake which you do not recognise.

AI only knows what you tell it

An AI tool responds to the information and questions you give it. It does not necessarily know what you have left out or which questions it should ask next.

When Margaret Ambrose meets a client to discuss a Will, she asks about their family, property and how their assets are owned. She may also need to discuss previous marriages, children and stepchildren, unmarried partners, business interests, overseas assets and anyone who could expect to benefit from the estate.

Those conversations sometimes bring out important points that the client had not thought were relevant. They can also help someone think through the practical consequences of what they are proposing, rather than turning their first instructions into a document. For example, a stepchild is not normally included in a gift to ‘my children’ unless the Will says so specifically.

Families rarely fit a standard template

Some Wills are straightforward. Others only appear straightforward until the details are discussed.

You might want to provide for a second spouse while making sure assets eventually pass to your children. You may have a young or vulnerable beneficiary who should not receive a large sum outright until they are older. You might own a business, have property abroad or need to consider inheritance tax.

AI can generate wording, but it cannot have a proper conversation with you about the advantages, disadvantages and long-term consequences of your wishes.

A solicitor can explain the options in ordinary language and help you make a decision that suits your circumstances and that you fully understand.

Legal-sounding wording can still be wrong

This is one of the greatest dangers of using AI to write a Will. Its answer may sound polished and authoritative even when it is incomplete or unsuitable.

Wills are interpreted very precisely. A small error can change who inherits, cause a gift to fail or leave relatives arguing about what you intended.

A properly drafted Will should also deal with what happens if an executor or beneficiary dies before you. It may need substitute executors and beneficiaries, arrangements for younger beneficiaries and carefully chosen administrative powers.

The difficulty is that mistakes often remain hidden until after the person who made the Will has died. By then, they are no longer able to explain what they meant or sign a corrected document.

A mistake in a Will can make probate harder

Margaret Ambrose advises on probate and estate administration. That experience matters because she has seen the practical problems caused by unclear or badly drafted Wills.

An error can leave executors unsure how to administer the estate. It can often delay the grant of probate, increase legal costs and postpone payments to beneficiaries. At an already difficult time, it can also create stress and disagreement within the family.

Using AI to save money on the preparation of a Will can therefore prove to be a false economy. The cost of resolving a problem after death can be far greater than the cost of obtaining advice at the outset. Margaret Ambrose provides cost-effective Wills drafted by her as a qualified Solicitor.

Your Will must be signed correctly

Even a well-drafted Will can fail if it is not signed and witnessed in accordance with the required formalities.

In England and Wales, the person making the Will must normally sign it in the presence of two witnesses who are both present at the same time. Each witness must then sign the Will in the presence of the person making it.

A beneficiary, or the spouse or civil partner of a beneficiary, should not act as a witness. If they do, the Will itself may remain valid, but the gift to that beneficiary will normally fail.

When Margaret prepares a Will, she provides clear signing instructions and can supervise the signing where appropriate. This reduces the risk of a simple error undermining the document.

A solicitor looks beyond the document

A solicitor’s role is not limited to drafting clauses. They must be satisfied that you understand the Will and that it reflects your own wishes.

This can be particularly important if you are elderly or unwell, if one beneficiary is receiving more than another or if someone who might expect to inherit is being left out.

A solicitor can also look for signs that another person may be putting pressure on you. AI cannot meet you, assess your understanding or notice who may be influencing the instructions entered into it.

If the Will is challenged later. a solicitor’s attendance notes provide important evidence about your capacity, your instructions and the reasons for your decisions. Where there is a genuine concern about capacity, Margaret might also recommend obtaining an appropriate medical opinion from the NHS or a private doctor. This cannot prevent someone from bringing a challenge, but it could provide valuable evidence if they do.

Think carefully before sharing personal information

Preparing a Will involves highly personal information about your family, health, property and finances. Before entering those details into an AI service, you should understand how the provider stores, processes and uses them.

A solicitor owes professional duties of confidentiality and ethics and must handle your personal information appropriately.

Can AI help you prepare for a Will appointment

AI cannot replace advice from someone who understands both the law and your individual circumstances.

Having a Will professionally prepared is not simply paying someone to type up your wishes. It is an opportunity to identify issues you may have missed, consider the available options and create a document that is clear, valid and practical to administer.

Making your Will with confidence

Your Will should reflect your life, your family and what matters to you. You should understand what it says, why it has been drafted in that way and what will happen when it is eventually needed.

Margaret Ambrose provides clear, practical advice on making and updating Wills for clients in Fulham, Chelsea, Putney and beyond. The process starts with a conversation about your circumstances and what you would like to achieve.

If you would like to make or update your Will, please contact Margaret Ambrose Solicitor to arrange a free 20-minute initial consultation.