The rise and (pit)falls of AI in Will writing

Authored by ARAG and written by their partners at Ashfords LLP

A Will ensures that when you pass away, your estate is distributed in accordance with your wishes. It used to be common practice to instruct a solicitor to deal with your Will and whilst many still do, there are some that opt for other methods of making a Will instead.

With the use of technology in the legal sector becoming more powerful, it is now possible to use artificial intelligence (AI) tools to draft your Will.

There are many online platforms offering Wills to the public. In order to make a Will using such platforms, the AI tool will ask a series of multiple choice questions in order to obtain the information needed to draft the Will. Once the questions have been answered, the Will is drafted within minutes.

The pros and cons

On the face of it, using an AI tool seems to be a quick and efficient way to draft a Will and is a low-cost alternative to using a solicitor.

Whilst some may believe that this is the most cost-effective way to deal with their affairs, AI-drafted Wills may not be for everyone and could end up costing more in the long run.

AI tools can produce a generic and semi-personalised Will. However, due to the series of standard multiple choice questions that are asked in order to gauge an individual’s wishes, there may be little scope to produce unique clauses which are often required to maximise tax reliefs or account for businesses.

Not only can solicitors draft a Will that is tailored to a client’s personal circumstances, but they are well-equipped to deal with modern family structures, complex finances and can provide inheritance tax advice.

Further to this, there are strict rules which must be followed in order to comply with the law in relation to the drafting and execution of a Will. If an AI tool produces a Will that is poorly drafted, or that is not executed in accordance with the relevant formalities, the Will can be deemed invalid by the courts which can be costly to rectify.

Using an online platform with AI to draft your Will may seem like a good idea, but before proceeding, it is important to consider the risks associated with it.