The use of AI is no longer a futuristic concept and is more prevalent within our personal and professional lives. The Association of Lifetime Lawyers has found that 72% of adults in their early 30s would trust AI to update their Wills. This poses the question, can AI draft a legally binding Will?
What are the reasons for making a Will?
Having a Will in place will ensure that an individual’s estate is distributed in accordance with their wishes and this can provide clarity to loved ones at a highly emotive time. A Will can ensure that assets are shared in the manner an individual would wish, the alternative is that someone’s estate is distributed according to the intestacy rules. This could be disastrous and family members who an individual would wish to include could miss out and it could also mean individuals may inherit who an individual did not wish to include.
Can AI draft a Will?
In the past drafting a Will has meant an individual engaging a firm of Solicitors to discuss their estate and the various options they have. However, there are a large number of people turning to AI to draft their Wills.
AI is seen as a quick and simple way to put together wishes of an individual, it can produce a generic Will which can be somewhat personalised to meet individual needs, usually through answering a variety of standard multiple-choice questions.
What are the issues with using AI?
Whilst AI can do a number of things, it cannot understand human dynamics or provide a personal human touch. Fee earners who work for a firm of Solicitors will offer expertise and will be able to assess the various options available to an individual and to deal with the matter in a compassionate manner. Many individuals will have complex and sensitive situations which require an understanding of dynamics such as blended families, estranged family members and dependents with special needs.
There is also the concern in respect of legal disputes. A firm of Solicitors may, having spoken with an individual and gaining an insight and understanding of their situation advise that a capacity report should be undertaken or a Letter of Reasons is sensible to be stored with a Will. This can be used as evidence as to why someone has left their estate in the manner they have, including why certain individuals have or have not been included within the Will. Without these documents, it could mean that an estate will incur further costs as well as an emotional toll which could have been avoided if an individual sought the appropriate advice at the time of drafting their Will.
Wills also need to be executed in accordance with the Wills Act 1837. If a Will has not been executed in this manner, the Will is invalid and this will mean the estate will fall under the Intestacy Rules. The Intestacy Rules determine who will inherit by default. Again, adding to further costs and taking an emotional toll.
It is also not guaranteed that AI will produce a Will with relevant updates in law and this could leave a Will invalid leading to an estate being intestate.
Making a Will with a regulated company will ensure your information is kept secure and loved ones will be able to locate the Will at a stressful time. At Jefferies, we offer the option to register your Will free of charge with Certainty, the National Will Register, this ensures Wills can be located and administered at a time they are needed.
If you are considering updating an existing Will or a new Will, please contact the Wills and Probate team on 01702 443484.