AI and wills: A shortcut that could cost your family everything

A recent Censuswide/Association of Lifetime Lawyers survey reported that 72% of adults in their early 30s would trust AI to draft and update their will. The striking statistic reflects the general social migration towards outsourcing complex tasks to AI in exchange for speed, low cost, and convenience.

But when it comes to your will – the document that determines what happens to everything you have built throughout your life – that shortcut could be dangerously misleading.

A recent article by Insider Media gave legal professionals, including the private wealth team at Cripps, the chance to weigh in on the risks of relying solely on AI for such a critical document.

The complexities of wills

A will is not a tick-box exercise. It is a deeply personal legal document that ties together your entire life taking account of your complex relationships, family history, tax implications and financial realities.

AI may be helpful for some tasks, but it cannot currently reflect the nuances in personal relationships or individual circumstances, which means there is a risk that it produces a will which may result in unintended consequences.

Take this example: you want your child or friend to live in your property after your death, but you ultimately retain control over the property (known as a ‘life interest trust’). You might consider this to be a generous gesture. But did you know this could significantly increase the value of their estate, potentially triggering a higher inheritance tax bill when they pass away?

This is the danger with AI. It can produce something that looks convincing but may not do what you actually intended. A key requirement for a valid will under English law is that the person leaving the will must know and approve of the contents of the will. If AI drafts something the testator does not fully understand, is it even legally valid?

Common pitfalls of AI-generated wills

• Incorrect structure or wording – AI might produce clauses that are ambiguous, fail proper witnessing formalities, or omit required legal language, resulting in legal unenforceability.
• Lack of personalisation – Subtle family dynamics such as second marriages, vulnerable beneficiaries, estranged relatives are invisible to a machine and personal tax implications can be overlooked. As Stephen Horscroft notes in the article, “Unlike a lawyer, AI does not always know the right questions to ask”.
• Outdated or jurisdictionally inappropriate rules – AI may not reflect recent legal changes or apply the correct law of your specific region.
• No accountability or recourse – Unlike a regulated solicitor, AI offers no accountability if it gets it wrong. Notably, there are currently no AI platforms that market themselves specifically for will-writing, perhaps for good reason.

Costs of getting it wrong

If your will is deemed invalid, your estate is treated as if you never had one. This means your estate is distributed in accordance with the statutory intestacy rules, which do not consider your wishes or personal circumstances.

The irony is that the money “saved” upfront often pales in comparison to the legal fees and emotional toll of sorting things out later.

Your will is the one document that decides what happens to everything you have built in your lifetime. It deserves the careful attention of a professional who will ask the right questions, foresee the pitfalls, and ensure your wishes are upheld when it matters most.

The lesson is simple: let AI help you write a birthday card. But when it comes to your will, trust a human.

Read the full Insider article.

How we can help

For more help and guidance our specialist team can answer any questions you may have on making a will.