Should You Use AI to Write Your Will? Risks and the Future of Estate Planning

October 24, 2025
How AI is changing Estate Planning and Will Drafting

The rapid advancement of artificial intelligence (AI) has significantly impacted various industries, including the legal and financial sectors.

AI-powered tools now assist in drafting legal documents, analysing case law, and automating routine tasks such as note-taking and letters, not to mention the drafting of Wills. The question remains: should we use AI for estate planning? Research shows that adults in the UK aged between 29 and 38 consider using AI to draft or update their Wills.

What is Artificial Intelligence, and how does it work in legal tech?

To answer the above question, we must first ask: What is AI?

According to IBM, Artificial intelligence (AI) is technology that enables computers and machines to simulate human learning, comprehension, problem solving, decision making, creativity and autonomy. Applications and devices equipped with AI can see and identify objects. They can understand and respond to human language.[i]

In short, the user will enter their prompts into the AI platform, which will consist of their family member’s information, names, address, phone numbers or whichever information the user wishes to enter. This information will be stored in the AI’s database, and in return, the AI Will render a document that resembles your last Will and testament or trust in less than 5 minutes, which is cost-effective and cheaper than most traditional legal services.

But at what risk?

Risks and Challenges of AI-Generated Wills

Legal and security risks of AI-generated Wills

The information used to create the document forms part of the AI’s larger database, usually in cloud-based environments and is therefore no longer private. All the information can be accessed by any person at any given time, paving the way to possible confidentiality and compliance concerns, not to mention the security risks, leaving users vulnerable to security risks.

Why AI can make drafting errors in Will Drafting

AI relies on existing and pre-existing data and lacks the interpretation of a trained legal professional; therefore, the creation of Wills and trusts will not align with the latest developments and formalities. This might lead to non-compliant and invalid Wills and trust deeds, due to the lack of oversight.  

Tax Implications of Using AI for Estate Planning

The AI-generated document might not include business relationships, minor beneficiaries and might neglect the needs of certain beneficiaries, for example, fiduciary, usus and habatio, as generic AI-generated Wills and trusts may not include provisions for a disabled beneficiary’s trusts and might fail to address estate tax strategies that can save the estate significant amounts.

Ethical Considerations

As per the definition, AI is a machine. Estate planning is structured around sound decisions relating to the inheritance of family members and loved ones, safeguarding their future financial well-being after a person dies. This requires human judgment and professional guidance. AI might lack the understanding of your testamentary intentions by taking a logical route

Conclusion

Seeking professional assistance from a solicitor remains the best course of action, ensuring the Will and trusts are valid and executed formally with tailored advice based on personal criteria, building a tax-efficient structure, and mitigating the likelihood of possible disputes. Please contact us to discuss the topics raised within this article.

[i] https://www.ibm.com/think/topics/artificial-intelligence

Graeme Black
Partner, Private Wealth & Inheritance
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This reflects the law and market position at the date of publication and is written as a general guide. It does not contain definitive legal advice, which should be sought in relation to a specific matter.

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