Trustworthiness of AI for wills

The question of whether artificial intelligence can be trusted to draft a will is an increasingly relevant one, given the rise of online tools and AI platforms offering such services. As a senior legal advisor specialising in the law of England and Wales, I will outline the key legal considerations and practical realities based on the current position under the Wills Act 1837 and related guidance from bodies such as the Law Society and the Probate Service.

From a strictly legal standpoint, there is no prohibition against using AI to generate a draft of your will. The essential requirements for a valid will in England and Wales are that it must be in writing, signed by you (the testator) in the presence of two independent witnesses who also sign it in your presence, and that you have testamentary capacity and intention at the time. AI could theoretically produce a document that meets these formalities if you then execute it correctly. However, the content must accurately reflect your wishes and comply with inheritance laws, including those under the Inheritance (Provision for Family and Dependants) Act 1975, which allows certain individuals to challenge a will if it fails to make reasonable provision for them.

That said, trusting AI to handle this process carries significant risks. AI systems, while sophisticated, are not regulated legal professionals and lack the nuanced understanding of your personal circumstances, family dynamics, tax implications (such as inheritance tax thresholds and reliefs under the Finance Acts), or potential future changes in law. For instance, an AI-drafted will might overlook complexities like foreign assets, blended families, or conditions that could render clauses invalid or lead to disputes during probate. There have been instances reported in legal commentary where DIY wills, including those from automated tools, have resulted in costly litigation due to ambiguities or errors—though I must note that specific case law on AI-drafted wills is still emerging and not yet widespread.

Practically speaking, while you are legally entitled to draft your own will using any means, including AI, the most sensible approach depends on the complexity of your estate. For a straightforward will (e.g., leaving everything to a spouse or children with no unusual provisions), an AI tool might provide a starting point, but you should review it carefully against official templates from sources like the government's probate guidance or Citizens Advice. However, for anything more involved—such as trusts, guardianship for minors, or tax planning—I would strongly recommend consulting a qualified solicitor to ensure accuracy and validity. This reduces the risk of the will being contested or deemed invalid, which could lead to intestacy rules applying (under the Administration of Estates Act 1925), potentially distributing your assets in ways you did not intend.

If you proceed with AI, consider these steps in order: first, gather all relevant details about your assets, beneficiaries, and wishes; use a reputable AI tool if you must, but cross-check it with free resources like the Money Advice Service or Law Society guides; execute it properly with witnesses (noting that remote witnessing is no longer generally permitted post-COVID); and store it safely, perhaps registering it with the National Will Register. If issues arise, informal resolution with family might be possible, but escalation could involve the probate registry or, in disputes, the High Court.

Ultimately, the "trust" in AI for such a critical document is limited by its inability to provide personalised advice or accountability. If your situation involves any uncertainties—such as the value of your estate, potential beneficiaries' needs, or recent life changes—professional input is advisable to mitigate risks. If you provide more details about your circumstances, I can offer more tailored guidance.