Artificial Intelligence (AI) has rapidly become part of everyday life, changing the way we work, communicate and access information. From answering simple questions to drafting complex documents, AI tools such as ChatGPT are becoming increasingly accessible to both professionals and the general public. The Will Writing profession is no exception.
As technology continues to develop, it raises an important question: could AI change the way Wills are prepared, and what does this mean for the future of professional Will Writers?
Although AI has the potential to improve efficiency and make information more accessible, its use in estate planning also presents significant risk. After all, preparing a Will is not simply about producing a legal document. It requires an understanding of the client’s personal circumstances, their intentions and the legal consequences of their decision.
How is AI being used in will writing?
AI can process large amounts of information and produce responses within seconds. For Will Writers, this may make it an attractive tool when carrying out research, preparing correspondence or seeking an initial explanation of an unfamiliar legal concept.
For example, a Will Writer might use AI to help explain the differences between a Property Protection Trust and a Flexible Life Interest Trust, or to simplify technical information before discussing it with a client.
AI may also assist with administrative tasks, such as preparing meeting summaries, organising information or producing general educational materials.
For members of the public, AI offers the ability to ask questions about Wills and inheritance without immediately consulting a professional. Someone might ask whether they need a Will, what happens if they die without one, or whether they can exclude a family member from their estate.
However, there is an important distinction between providing general information and giving advice that is appropriate for an individual’s circumstances.
A response generated by AI may appear detailed and convincing, but that does not necessarily mean it is legally correct or suitable for the person relying upon it.
The risk of relying on AI for legal advice
One of the greatest concerns surrounding AI is its ability to produce inaccurate information while presenting it with apparent confidence.
AI systems can sometimes generate incorrect legal explanations, refer to legislation that does not apply or even invent cases and legal authorities. This is commonly referred to as an AI ‘hallucination’.
In Will Writing, even a relatively small error can have significant consequences.
Consider a client who wishes to leave their property to their children while allowing their surviving spouse to remain living there. AI might suggest a straightforward gift of the property to the children, without properly considering the need for a trust or the surviving spouse’s right to occupy the home.
Similarly, AI might provide an explanation of inheritance tax allowances without considering whether the client is married, whether their estate qualifies for the Residence Nil Rate Band or whether particular gifts could affect the available exemptions.
The difficulty is that someone without the relevant legal knowledge may not recognise that the information is incorrect.
This creates a particular concern where individuals attempt to prepare their own Wills using AI-generated wording. A document may appear professionally drafted but contain provisions that are ambiguous, ineffective or inconsistent with the testator’s intentions.
Unlike a professional Will Writer, AI cannot take responsibility for the advice it provides or ensure that every relevant aspect of a client’s circumstances has been considered.
Can AI replace a professional will writer?
While AI may be capable of generating Will clauses, there are important aspects of the Will Writing process that cannot simply be reduced to drafting wording.
A professional Will Writer does much more than record who should inherit an estate.
They must establish the client’s intentions, consider their family circumstances, identify potential problems and explain the consequences of the decisions being made.
For example, a client may initially state that they wish to leave their entire estate to one child and exclude another. Although AI could produce a clause reflecting those instructions, a professional Will Writer would need to explore the reasons behind the decision and consider whether there is a potential claim under the Inheritance (Provision for Family and Dependants) Act 1975.
There may also be concerns surrounding testamentary capacity or undue influence, particularly where a client is vulnerable or where another individual appears to be directing their instructions.
These situations require professional judgement, careful questioning and appropriate record keeping.
AI cannot independently establish whether a client understands the nature and effect of making a Will, assess the circumstances in which instructions are being given or reliably identify subtle signs of pressure from another person.
The value of a professional Will Writer therefore extends far beyond the preparation of the document itself.
Confidentiality and data protection
Another important consideration is the protection of client information.
Will Writers routinely handle sensitive personal and financial information, including details of family relationships, property ownership, assets and intended beneficiaries.
Entering this information into a publicly available AI platform may create confidentiality and data protection concerns.
Before using an AI tool for client-related work, practitioners should understand how the provider processes, stores and potentially uses the information submitted.
The UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 remain relevant where personal data is processed using AI.
Will Writers should therefore avoid entering identifiable client information into AI systems unless they have established that doing so is lawful, secure and consistent with their confidentiality obligations.
Even where information has been anonymised, care should be taken to ensure that the individual cannot be identified from the remaining details.
The Information Commissioner’s Office (ICO) has published guidance on AI and data protection, highlighting the importance of transparency, accountability and appropriate safeguards when organisations use these technologies. The guidance can be accessed on the ICO’s website here: Guidance on AI and data protection | ICO.
Using AI responsibly
Despite the risks, AI should not necessarily be viewed as something that has no place within the Will Writing profession.
When used appropriately, it may provide useful assistance with research, administration and the preparation of general information.
However, there is a significant difference between using AI as a supporting tool and relying on it to make professional decisions.
Any legal information or suggested wording produced by AI should be independently checked against reliable sources, including relevant legislation and established legal guidance.
Practitioners should also be cautious about relying on AI-generated clauses without fully understanding their meaning and effect.
A clause that appears suitable at first glance may not work as intended when considered alongside the remainder of the Will.
It is also important to consider the type of AI tool being used, as not all AI systems are equally suited to legal research or drafting. Different AI tools are developed and trained using different datasets, which can affect the accuracy and reliability of the information they provide. For Will Writing purposes, a specialist legal AI tool that has been developed using reliable legal sources, including case law, legislation and other relevant legal materials, may be more appropriate than a general-purpose AI system such as ChatGPT. However, even specialist legal AI tools can produce errors, so any information or wording generated should still be independently verified.
Members of the Society of Will Writers also have access to the Technical Advice Team, which can assist with questions relating to Wills, trusts and estate planning. Where a practitioner is uncertain about a particular issue, seeking appropriate technical advice remains preferable to relying solely on an AI-generated response.
Ultimately, responsibility for the advice provided to a client remains with the professional, regardless of whether AI has been used during the process.
The future of AI in estate planning
As AI technology continues to improve, it is likely to become increasingly integrated into the services and software used by legal professionals.
Future developments may allow AI to assist with identifying inconsistencies in documents, highlighting potential drafting errors or helping practitioners navigate complex information more efficiently.
These developments could offer considerable benefits, particularly where they reduce administrative workloads and allow Will Writers to spend more time advising their clients.
However, greater technological capability does not remove the need for professional oversight.
The preparation of a Will involves decisions that may only take effect many years after the document has been signed, when the testator is no longer available to clarify their intentions.
This makes accuracy, careful drafting and a thorough understanding of the client’s wishes particularly important.
As AI becomes more widely used, the challenge for the profession will be finding the appropriate balance between embracing technological developments and maintaining the standards expected of professional Will Writers.
Final thoughts: technology should support, not replace, professional judgement
Artificial intelligence has the potential to change the Will Writing profession, offering new ways to access information, improve efficiency and support everyday tasks.
However, the ability to generate a legal document is not the same as understanding whether that document achieves the client’s wishes.
A Will is one of the most important documents a person will make, and mistakes may not become apparent until after their death, when correcting them can be difficult, expensive or impossible.
While AI may become an increasingly valuable tool for Will Writers, it should be used to support professional knowledge rather than replace it.
The future of Will Writing may involve greater use of technology, but the importance of accurate advice, professional judgement and understanding the individual behind the Will will remain unchanged.
This article was submitted by The Society of Will Writers as part of an advertising agreement with Today’s Wills and Probate. The views expressed in this article are those of the advertiser and not those of Today’s Wills and Probate.
