In recent years, more people have turned to artificial intelligence (AI) to help prepare their Wills. It is easy to see the appeal: AI is quick, accessible and can produce a document in just a few clicks – but when it comes to your Will, is convenience worth the risk?
AI can generate what appears to be a straightforward Will, identifying beneficiaries, appointing an executor and setting out how your estate should be distributed. However, a Will is more than a document that records your wishes. It is a legal document that must satisfy specific requirements to operate effectively after your death.
How to effectively utilise AI when preparing your Will
There is nothing inherently wrong with using AI as a starting point when considering your estate plan. AI can help you identify questions you may wish to discuss with a lawyer, organise information about your assets and family circumstances, or help understand some of the terminology involved in estate planning.
The risk arises when an AI-generated document is treated as a substitute for tailored legal advice. Your family circumstances, assets and wishes are unique. A properly prepared Will should take these circumstances into account and ensure your wishes are expressed in a way that is legally effective.
An AI model may not consider all of the potential legal issues associated with your Will, including:
- Taxation issues and how your Will can best be structured for tax-effectiveness, including the use of discretionary testamentary trusts;
- Asset protection concerns for you and your family;
- Particular circumstances that may require a tailored approach for a specific beneficiary, such as disability or being in receipt of an asset-tested pension; or
- Risks associated with excluding any beneficiary from your Will.
There is also a risk with any homemade Wills that they will not be executed correctly to meet the requirements of the Wills Act. This can lead to issues with proving valid execution to the Probate Office (meaning more time and expense for your Executors), and even a risk that a Will is found to be invalid in its entirety.
What happens when a Will is found to be invalid?
If a Will is found to be invalid, and you have no prior valid Will, your estate will instead be administered under the laws of intestacy, governed by the Administration and Probate Act. This means your assets will be distributed according to statutory provisions rather than the wishes you intended to express.
The courts have considered the validity of Wills in circumstances involving digital documents. For example, in the case of Peek v Wheatley [2025] the Court invalidated the deceased’s Will on the basis that its digital format did not reflect a definitive testamentary intention to act as a Will, but rather reflected a preparatory step in the process.
This case highlights an important point: creating a document that looks like a Will is not necessarily the same as creating a legally effective Will.
The financial costs of an AI-generated Will
One of the reasons people turn to AI tools is to avoid the cost of obtaining professional legal advice. However, the initial saving may not reflect the potential cost of problems arising later.
While an AI-generated Will may cost little or nothing to prepare, questions about its validity or interpretation can result in significant legal costs for your estate. This may include the cost of obtaining legal advice, gathering evidence, interpreting the document and, where necessary, making an application to the Court for a ruling on its proper meaning.
There may also be financial consequences associated in delays in administering the estate. Beneficiaries may have to wait longer before assets can be transferred or distributed, while property or other estate assets may remain unresolved while the legal position is determined.
The cost of a Will should therefore not be measured only by what it costs to prepare, but also by the consequences if it does not operate as intended.
The time, stress and administration for your loved ones
An AI-generated Will may appear appealing because it can be prepared quickly and from the comfort of your own home. However, the convenience of creating the document may shift the burden onto your loved ones after your death.
If a person dies without a valid Will, their estate may need to be administered under the intestacy provisions. This may mean that their assets may be distributed to people who were not their intended beneficiaries, which can lead to disharmony within the family.
The administration of an estate can take many months, and more complex estates may take considerably longer to resolve. What may take only minutes to generate can create months of additional time, expense and stress for your loved ones.
When it comes to your Will, convenience should not come at the expense of certainty. Contact our team today for a no-obligation consultation around your new Will.
