Are Wills and Probate Solicitors Needed in the Age of AI?

These days we hear about ‘AI’ all the time. The acronym is often used inappropriately; not everyone understands exactly what it really is and no one, no matter how intelligent, can know exactly how it will change our world.  

We should be glad that a smarter use of technology is here to stay and we should not ignore this. Using technology to undertake routine tasks with human-like intelligence makes sense.  AI enables computers to analyse and learn from data that has been presented to it.  However, if the wrong data is presented, then the wrong analysis will be ‘spat out’; this is often called GIGO (garbage in, garbage out).  

As wills and probate solicitors, we have seen this in  recent High Court cases that have had to deal with ‘hallucinated’ case law which was created by the use of AI, in that the cases cited simply did not exist.

However, it makes sense to use AI to conduct legal research. In the past this would involve hours of sifting through paper-based volumes of case law, statutes and regulations (ask any lawyer who trained in the 70s, 80s or 90s).  Legal students still need to learn how to navigate a legal library and to understand how the law is structured, created and changed, and some elite universities have even banned the use of AI in coursework.

Why you shouldn’t use AI to draft a will

If AI is relied on 100% to draft important legal documents, serious errors could go undetected.  For example, if AI is used to draft a Will, instead of using a wills and probate solicitor such as Holdens Law, the result will only be as legally intelligent as the data on which it was framed. Is it really possible to replace a wills and probate solicitor in the creation of this most sensitive and important document?

Furthermore, by using an AI service to write your will, you risk your private data becoming widely available online, as well as your personal affairs being used to train AI systems. By using a wills and probate solicitor, your private data and personal affairs remain exactly that - private and personal.

Reasons to choose wills and probate solicitors

There a number of benefits to choosing wills and probate solicitors to help you draft your will, rather than trusting your estate to an AI application, including:

• Avoiding errors - if an AI application creates a Will which has an error in it, this might not be spotted until after the client’s death.  Even if the error can be overcome or rectified, who would want to put their loved ones through this. 

• The human touch - guiding clients through Will instructions takes a skilled and experienced lawyer, who will have trained for several years.  Not only will they provide legal acumen, more importantly they are human.  Put simply they are alert to their client’s subtle changes in body language, tone of voice and facial expression, they are compassionate and patient, they know how to phrase and rephrase words and concepts, they can laugh and empathise in equal measure.  

• Bespoke service - elderly clients might need a home visit from a real person who can walk them through the process and ensure their will reflects their wishes.

• Avoiding undue influence - a key requirement for a valid Will is that it must be made free from undue influence. Clients should be seen on their own when giving instructions for a Will.  How will AI be able to ensure that undue influence is not taking place, or that it is in fact creating a forged Will? Who is typing in the information to generate a Will on a smartphone or computer?

• Ensuring mental capacity - one of the most important requirements of a will is  that the client must have the requisite mental capacity to give their instructions. How can an AI application assess this?  If a Will is challenged after death, qualified wills solicitors will have their extensive notes to rely on to counter this attack and may have suggested that an independent report by a capacity specialist has been sourced.

Trust Holdens Law wills and probate solicitors

At the end of the day, your will is one of the most important and personal documents that you will ever create. You need to be sure that you are not only in expert hands, but that you will be treated with the care and respect that this sensitive process deserves. 

With Holdens Law wills and probate solicitors our STEP qualified team will guide you through your options when making your Will in a way that AI can never match.  Our human solicitors understand your need for a bespoke approach, and they will work closely with you to create a Will that exactly meets your needs.

To find out more about making a will with Holdens Law wills and probate solicitors, get in touch with our offices in Lancaster or Kendal today.

Frequently Asked Questions

Can AI write a will?

In theory, yes. However AI will writing apps do not offer any guidance or understanding of your specific circumstances and they tend to be a one size fits all solution rather than the bespoke service this important document deserves.

Is an AI will legally binding?

Yes, but chances are it will not accurately reflect your individual circumstances like a professionally drafted document from your wills and probate solicitors would.

What are the benefits of using wills and probate solicitors instead of AI?

Wills and probate solicitors can provide a sympathetic, personal touch, with service tailored to your individual needs. Wills and probate solicitors can also avoid errors, demonstrate and record the mental capacity of the client and ensure that there is no undue influence on the person making the will.

Can an AI drafted will be challenged?

Yes. Since an AI drafted will does not involve a human assessment of the client, there is no proof that they had the mental capacity to make their will, or that there was no undue influence on their decisions. In fact, it may not even be possible to prove that the will was made by the deceased. Wills and probate solicitors will undertake a series of ID checks, and will ensure that they demonstrate and document mental capacity if this may be an issue in the future.