As growing numbers of people use artificial intelligence (AI) in their daily lives, some are now trusting the technology to write wills, which is fraught with risks and could leave loved ones in a legal and financial mess, according to a warning from Ilkley’s LCF Law.
Recent research by Censuswide, which was commissioned by the Association of Lifetime Lawyers, also revealed that 72% of people in their early thirties would consider using AI to write their will.
Ann Christian, Head of Personal Law at LCF Law in Ilkley said:
“It’s easy to see why writing a will with AI can seem attractive because it’s quick and free. However, a will is one of the most important legal documents most people will ever sign, and all too often family members are left dealing with stress, delay and expense because of DIY wills.”
As a member of The Association of Lifetime Lawyers, Ann has seen countless problems arise when a will has not been prepared properly. She added:
“Families can face uncertainty, disagreements and delays at an already emotional time. Often, the cost of resolving those problems is far greater than the cost of getting clear, regulated advice in the first place. Once a person has died, mistakes in a will are usually far more difficult, and sometimes impossible, to put right.
“One of the main risks is that a DIY will may not be legally valid and this can be simply down to those who witness it, not being eligible, such as using a beneficiary or spouse as a witness or not signing the document correctly. Plus, AI programs cannot legally witness, nor can they account for regional legal quirks.
“We’ve also seen instances where people have made handwritten changes after this will has been signed and others using templates that don’t properly deal with the necessary legal requirements. In these scenarios, estates can end up being distributed under the rules of intestacy rather than in line with a person’s wishes. For loved ones, this can create serious difficulties, especially when the will was intended to provide for an unmarried partner, stepchildren or someone who will not automatically inherit.
“Even where a DIY will is valid, the wording is often too vague to work in practice. Terms such as “my savings”, “my possessions” or “divide everything equally” might sound clear when they are initially written, but they can mean different things to different people. Do “savings” include investments, joint accounts or Premium Bonds? When there is any uncertainty, people can be left trying to interpret what you meant, which can lead to disagreement and unnecessary legal costs.
“Personal circumstances also matter. Many families do not fit neatly into a standard template. When people are remarried, living with a partner, have children from a previous relationship, are estranged from a family member or want to protect someone vulnerable, a simple online form often won’t cover everything. A will that looks straightforward can still miss important points and leave family members without any protection.
“This is particularly important where people live with a partner but are not married or in a civil partnership. Many people assume that living together gives the same inheritance rights as marriage, but that is not necessarily the case. Without the right will in place, a partner can have very little legal protection.”
Finally, Ann said:
“DIY wills and low-cost online services are usually generic, but property, pensions, inheritance tax, business interests, digital assets, foreign property, trusts or providing for a vulnerable beneficiary, can easily be missed by a standard template.
“Professional advice gives peace of mind that a will is valid and tailored to the individual’s circumstances. It also ensures the people who matter will be looked after without any uncertainty, delay and unnecessary disputes in the future.”
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