Do-it-yourself (DIY) Wills have always existed and always carried risk, however with the rise of the use of AI/chatGPT, it has lead to an increase DIY wills. Using AI may seem like the quicker and cheaper option than to have a lawyer draft your Will, but they often fail to meet legal requirements and can lead to delays and costly disputes.
We often hear “why do I need a lawyer” or “doing a Will can’t be that hard” but what we often see is DIY Wills missing important provisions and failing to account for specific assets and beneficiaries, especially when it is a more complex estate. Below we will explore a few points as to why you should avoid AI to draft your Will.
- AI can’t assess capacity or undue influence
You must have testamentary capacity to draft a Will. As a testator, you must understand your assets and who and where they are going to.
AI also cannot assess if somebody is forcing you to do a Will or is asking questions on your behalf. Meeting with a lawyer ensures your instructions are taken in confidence and your Will is drafted how you want, without the influence of family members.
- AI can’t assess your personal circumstances
When you meet with a lawyer, you will be asked detail questions about your family, such as are you a blended family, do you have stepchildren, do you have estranged relatives or do you have dependants. Maybe you have family members that are vulnerable or have disabilities or cannot handle their affairs for themselves. These types of circumstances often require more complex estate planning and legal advice which AI cannot provide.
AI only works with what you tell it and cannot identify issues you don’t realise are important, which is where many Wills fail.
- Increased risk of family provision claims
In Australia, eligible persons can challenge a Will under the Family Provision Act (“FPA”) WA 1972 if they feel inadequately provided for. A lawyer can provide tailored advice on the risk of a FPA claim and can structure gifts to reduce challenges.
AI does not provide strategic advice tailored to dispute prevention.
- Complex assets
If you have complex structures such as companies and family trusts, AI will not be able to review these for you from a succession point of view and provide you with the right advice. Having these kinds of structures usually means that you require a well drafted complex Will to ensure that these assets are properly dealt with at the time of your death. Business structures might not form part of your estate depending on how your structure is set up. A lawyer will ensure your Will actually controls what you think it does which AI cannot do.
- Risk of ambiguity and poor drafting
Legal drafting of a Will requires precision and specific wording to make sure that there are no holes in your Wills and that all the “what if” scenarios are considered. If your Will is drafted with poor wording, this can cause uncertainty about who gets what or lead to disputes or court applications or barrister opinions for clarification, which can become a stressful and costly exercise. So even though you may be saving costs now by using AI to help you draft a Will, it may only lead to further legal costs and headaches for your loved ones once you pass away.
Estate planning is rarely simple. While some estates involve straightforward property gifts, many Australians hold assets through superannuation, trusts, companies and other business structures. Testamentary trusts and tax-effective planning add further complexity which no online form or AI help can properly address. It is extremely important you think twice and obtain legal advice before using AI to help you with your Will. After all, you don’t know what you don’t know.
Author: Ida D’Alonzo, Ida obtained her Bachelor of Laws at Murdoch University in 2020, after graduating with a Bachelor of Criminology. Ida was admitted as a lawyer in 2022 and has worked in the Wills and Estates area since starting her career. She is passionate about providing a friendly service, helpful solutions, and navigating clients through challenging times.
Outside of work, Ida loves taking her dogs on adventures, brunching on the weekends and spending quality time with her family and friends over delicious food and wine.
