It’s easier than ever to get a Will written without visiting a solicitor. For years, people have used online will templates, phone apps, unregulated Will Writers and even free kits to create basic wills. Now the rapid emergence of artificial intelligence (AI) promises to make drafting a will even more convenient, potentially letting you generate a bespoke will from the comfort of your home. This article by David Bayliss, a Wills & Probate specialist at Waldrons Solicitors with extensive experience in estate planning, explores whether AI can replace the need for professional legal advice.
AI in Will Writing: Convenience Meets Technology
According to a recent survey, almost half of people in the UK and US would feel comfortable using AI to help write their will (Today’s Wills & Probate). It’s easy to see the appeal: an AI tool could quickly draft a personalised document including specific requests, for example granting a relative the right to reside in your home, excluding an estranged family member or even incorporating basic inheritance tax planning and all within minutes of asking. This kind of on-demand service is time and cost effective and available 24/7 which many cite as key reasons to consider an AI-driven solution.
However, while AI may suit simple scenarios, confidence drops when matters become more complex. In fact, only a small percentage of people would trust an AI-generated will without human oversight. This suggests that even as technology improves, most individuals still prefer a human touch, especially for something as important as their estate.
Risks and Limitations of AI-Generated Wills
Legal commentators and regulators have warned that Wills generated by AI may come with hidden pitfalls. An AI might produce text that looks valid but the language could be ambiguous and cause disputes when it is interpreted after your death. Important but complex details like provisions to mitigate inheritance tax or protect assets from creditors, might be overlooked entirely, potentially costing your family dearly.
Many of the risks with “do-it-yourself” Wills also apply to AI. Citizens Advice highlights that without professional guidance, it’s easy to make mistakes that render a Will invalid, such as failing to have it signed and witnessed correctly. Other errors include leaving out assets, not accounting for what happens if a beneficiary dies or unintentionally excluding family members.
The National Will Register has also drawn attention to the rise in contested estates in recent years, with unclear or incomplete Wills being a major factor. One industry report noted that disputes over wills have risen significantly over the past decade, often because homemade documents leave room for interpretation.
Another limitation is that AI will only draft based on the information you provide. The average person may not know all the nuanced questions to ask or clauses to include. For instance, you might not realise you need a contingency plan if a beneficiary predeceases you or be aware of certain legal rights (like a spouse’s entitlement) that could override your wishes. In short, you don’t know what you don’t know and what’s missing from your Will could be the very thing that causes trouble later.
Furthermore, if an AI-drafted Will turns out to be flawed, you have little recourse. These services are not regulated by the Solicitors Regulation Authority (SRA), which means they don’t carry the same accountability or professional indemnity protections that solicitors do. By the time an error is discovered, it is often too late.
The Value of Professional Advice
So, where is the value in paying for a solicitor’s expertise? In a word: assurance. When you meet with an experienced Wills and Probate Solicitor, whether it be face-to-face or remotely, you benefit from their training, judgment and ability to tailor advice to your personal situation. They will take the time to understand your family dynamics, assets and future wishes and flag-up questions you might not have considered.
Solicitors are also regulated professionals. In England and Wales, they must be registered with the SRA and adhere to codes of conduct. This gives clients protection, as solicitors must carry professional indemnity insurance, and clients have recourse to the Legal Ombudsman if things go wrong. The Law Society’s Wills and Inheritance Quality Scheme also provides best-practice standards that firms like Waldrons meet.
For high-net-worth individuals, the difference is even more marked. Complex estates often involve inheritance tax, trusts, overseas property, or business succession planning, all of which require specialist knowledge that AI simply cannot replicate. Even for smaller estates, solicitors can help avoid unintended consequences that might otherwise create family conflict.
Ultimately, the value in a professionally drafted will often lies in what it doesn’t contain: errors, oversights and loopholes. The fee you pay for expert advice buys you peace of mind that your wishes will be respected and your loved ones protected from unnecessary legal battles.
Conclusion
AI is undoubtedly changing the legal landscape and may play a role in making will writing more accessible. However, when it comes to protecting your legacy, “good enough” is not good enough. By being guided by professional expertise, you can be confident your will does exactly what you want and avoids costly mistakes.
“AI can draft a will in minutes, but it can’t sit down with you and understand the full complexity of your life. The true value of professional will-writing is the peace of mind that nothing critical has been overlooked,” says David Bayliss. “An experienced advisor can ask the right questions and provide protections you may never have considered and that makes all the difference when it comes to safeguarding your wishes.”
