The Pitfalls of AI in Will-Making: Why Expertise Still Matters

Angus discusses the use of AI when making your Will and the potential risks associated with it.

With the rapid increase in the use of artificial intelligence (AI) such as Chat GPT in the legal sector, it is now possible to use AI to help draft your Will.

Many online platforms using AI-powered tools now offer Wills to the public within minutes. While the idea of using AI to prepare your Will in Scotland may be appealing, it is important to first consider the potential risks associated with it:

1.      Legal accuracy and local nuances

Will-making involves specific legal requirements that must be met for the Will to be valid. AI systems may not interpret such requirements correctly, leading to invalid or challengeable Wills. This is particularly the case in Scotland, where Scottish law has nuances that differ from other jurisdictions.

2.      Complex family dynamics

AI tools will not be able to give the type of guidance required for complex family dynamics or unique personal circumstances which a solicitor is better positioned to understand and advise. AI cannot provide the moral and ethical considerations that a solicitor in the flesh can.

3.      Analysis of financial situation

AI does not possess the ability to analyse, interpret and give critical analysis of your financial situation, in the way that a solicitor can.

4.      Data Privacy and Security

Will-making involves financial, legal and confidential information that needs to be kept private and secure. Using AI raises concerns about data privacy and the security of this information. Having your personal information online puts it at risk for hacking and data breaches.

5.    Reliability and accountability

Determining liability for errors made by AI is complicated, and rectifying any mistakes could be costly and difficult. The assurance of a qualified solicitor removes such doubts.

6.      Lack of regulation

The regulatory framework for AI in legal services is still evolving, with no industry-wide standards. Consequently, the results are inconsistent.

While AI tools can generate a Will quickly and is a low-cost alternative to obtaining a solicitor, it is still going to be a generic form of what you need and may end up costing you more in the long run.

If you are considering making a Will for the first time, or want to review what you already have, please contact our team of solicitors for advice and assistance.