AI can be a helpful starting point, but your Will and estate planning is too important to leave to a generic answer.
Artificial Intelligence (AI) has changed drastically in recent years. What was once largely limited to ChatGPT is now embedded across many of the digital tools we use every day. Microsoft Copilot, Claude, Gemini, Meta AI and OpenAI's various platforms are readily accessible, while search engines such as Google and Safari increasingly provide AI-generated summaries and answers before users even reach traditional search results.
For many people, the appeal is obvious: AI is quick, accessible and often free. However, when it comes to estate planning, convenience should not come at the expense of certainty.
As a result, information about legal topics, including Wills and Estate Planning, has never been easier to access. A person can now ask an AI platform a question about drafting a Will and receive an immediate, detailed response that appears both confident and authoritative. A person could also ask an AI platform to draft a Will and receive a template Will.
This growing accessibility raises an important question: if AI can answer estate planning questions, can it also prepare your Will?
While AI can be a useful source of general information, it should not be used to replace professional legal advice when preparing a Will, Power of Attorney or other estate planning documents.
A professionally prepared estate plan is not just about producing documents. It is about making sure those documents work in practice, reflect your intentions and reduce the risk of confusion or conflict for the people you leave behind.
Estate Planning is Not One-Size-Fits-All
One of the risks associated with modern AI tools is that the quality and sophistication of their responses can create the impression that they are providing tailored advice. In reality, AI is generating information based on patterns and existing content rather than applying legal judgment to an individual's circumstances.
Example of AI responding to a request for assistance with drafting a Will.
AI can generate information and even draft documents, but effective estate planning requires legal judgement, tailored advice and consideration of circumstances that a generic AI response cannot assess.
Preparing a Will involves much more than completing a template or responding to a series of prompts.
An effective estate plan requires consideration of matters such as family circumstances, asset ownership, business interests, superannuation, tax implications and the potential for future disputes. What may be suitable for one person can be entirely inappropriate for another.
AI cannot properly assess these issues or provide advice that is tailored to your unique and individual situation.
This is where legal advice adds real value - by identifying the issues you may not know to ask about, and by tailoring your documents to the way your family, assets and future plans actually operate.
AI cannot mimic the benefits obtained from a face to face conversation between lawyer and client where a lawyer can probe, read body language and fully ascertain a client’s wishes and concerns and then facilitate an engaged and considered conversation. This is followed by advice and then the final result being the generation of estate planning documents.
The Risks of Getting It Wrong
This is particularly important in estate planning because mistakes often do not become apparent until after a person has died, when they can no longer clarify their intentions or correct drafting errors.
A poorly prepared Will may result in:
- family disputes;
- delays in administering an estate;
- increased legal costs;
- unintended consequences relating to assets or tax; and
- outcomes that do not reflect the person's wishes.
What initially appears to be a convenient or cost-effective solution can create significant expense and stress for loved ones later.
The cost of fixing an unclear or ineffective Will is often far greater than the cost of getting it right in the first place.
Privacy Matters Too
Estate planning often involves sharing highly sensitive personal, financial and family information.
If a person uses an AI platform to draft their Will, they will be uploading sensitive information which may be collected, stored, and used by the platform.
AI Is a Tool, not a Substitute
There is no doubt that AI has become a valuable tool and can assist individuals to understand general estate planning concepts.
However, despite the rapid advances in AI technology over the past few years, it cannot replace the expertise, judgment and personalised advice of an experienced Wills and Estates practitioner.
If you have used AI to understand estate planning concepts or to think through your wishes, that can be a useful first step. The next step is to obtain advice that applies those ideas to your personal circumstances.
When it comes to preparing a Will or Power of Attorney, professional advice remains the best way to ensure your wishes are properly documented, legally effective and capable of being carried out as intended.
Just because AI can generate an answer, it does not mean it can provide the right answer for your estate planning needs.
If you are considering making or updating your Will, our Wills and Estates team can help you prepare an estate plan that is tailored, practical and legally effective.