COVID-19 inspired a new wave of ‘do it yourself’ projects, encouraging people to take on home improvements and creative tasks themselves. What began as a surge in DIY home projects soon extended into more complex areas, with some people drafting their own wills.
The combination of increased confidence in handling matters independently during this period and now following this, the accessibility of AI has sparked a new trend of AI-assisted Will drafting.
2026 research from STEP revealed that 72% of UK adults in their early 30s would consider using AI to write a will. The same body found that 15% of practitioners have seen errors due to AI, and 7% have seen wills invalidated by the reliance on AI to draft a will.
“Can I use AI to draft a Will?”
While it is technically possible to use AI to draft a Will, it is not always advisable. A Will is a significant legal document that must accurately reflect a person’s intentions while complying with specific legal requirements. Although AI can generate a basic draft, it may overlook important personal circumstances, produce ambiguous wording, or fail to account for jurisdiction-specific laws. You may be living in Scotland and AI produces a draft specific to English law. As a result, errors in an AI-generated Will could lead to disputes, unintended outcomes, or even challenges to its validity. For these reasons, professional legal advice remains the safest way to ensure a Will is both effective and legally sound.
Why can an AI Will turn into a disaster?
Predominantly AI Wills do not tend to account for every eventuality. You may appoint an executor within your Will, but you could be left in a difficult situation if that executor loses capacity or passes away before you. AI may not determine whether the person you wish to appoint is legally eligible, has the required capacity, or is suitable for the role.
You may also not account for beneficiaries passing away before you. If this situation was to occur, one of the risks of relying on an inadequately drafted will is that all or part of the estate may be distributed under the rules of intestacy in Scotland. This could have unintended consequences, such as distant relatives inheriting your estate or, in extreme cases, your entire estate passing to the Crown.
You may also wish to exclude certain family members from inheriting from your estate. However, this must be approached carefully and strategically, considering legal rights entitlements.
Alternatively, you may unintentionally disinherit a family member, potentially leading to a dispute over your Will. Court proceedings can be expensive and time-consuming. The emotional impact this can have can be draining for everyone involved.
Families with children from different relationships can give rise to additional estate planning considerations. Without careful drafting, there is a risk that children from an earlier relationship may be unintentionally excluded or receive less provision than intended.
The legal formalities of signing your Will
For a Will to be valid, it must be executed correctly. In Scotland, this means that it must be signed and witnessed in accordance with the Requirements of Writing (Scotland) Act 1995. Different legal requirements apply in England and Wales, and a Will that is valid in one jurisdiction may not necessarily satisfy the requirements of another.
Without professional legal advice, it is easy to misunderstand or overlook these formalities. Even where a Will accurately reflects your wishes, a failure to comply with the relevant legal requirements could result in the Will being declared invalid. This can have significant consequences for your loved ones and may mean that your estate is distributed in a way that you never intended.
Potential issues include:
- Failing to sign the Will correctly.
- Using a witness who does not meet the legal requirements.
- Making alterations to a Will after it has been signed without complying with the necessary formalities.
- Relying on guidance based on the law of a different jurisdiction.
- Storing the original Will improperly, making it difficult to locate or prove after death.
We are here to help
A professionally drafted Will can help to avoid uncertainty, disputes and unintended consequences following your death by ensuring that your estate is distributed in accordance with your wishes. Unlike a standard template or “off-the-shelf” document, a professionally prepared Will is tailored to your individual circumstances, taking into account your family situation, taxation implications, financial assets and long-term objectives. This bespoke approach provides peace of mind that your affairs have been carefully considered and documented.
It is important for us to take the time to get to know each client and understand their individual circumstances, family dynamics and personal objectives. By developing a clear picture of your situation, we can ensure that your wishes are accurately recorded and reflected in any legal documents prepared on your behalf. This personal approach enables us to provide advice that is tailored specifically to your needs, rather than relying on a one-size-fits-all solution. Our aim is to offer clear, practical and comprehensive legal guidance, ensuring that you can make informed decisions with confidence and have peace of mind that your affairs are being handled in the most effective and appropriate way possible.
We’re here to help and answer any questions you may have about making a Will or planning for the future. We understand that discussing these matters can sometimes feel overwhelming, but our experienced team is committed to providing clear, practical advice in a friendly and approachable manner. Whether your circumstances are straightforward or more complex, we will take the time to understand your needs and guide you through the process with care and professionalism.
If you would like to discuss putting a Will in place, reviewing an existing Will, or exploring the options available to protect your loved ones and your assets, please do not hesitate to get in touch. We would be delighted to arrange an appointment and help you put plans in place that provide reassurance and peace of mind for you and your family.
AI now plays an important part in some areas of the law, particularly speeding up research, but when it comes to preparing a Will, that is best left to an experienced, professionally qualified expert who can consider all the angles.
There is an old saying that “if you decide to act as your own Solicitor, you have a fool for a client”.
Book a free consultation with Neilsons here!
