Are AI and DIY Wills legal?

Posted on March 28, 2025

When it comes to a legal Will; the validity, capacity and individual circumstances are important and the use of Artificial Intelligence (AI) to draft a Will is questionable.

AI cannot provide tailored legal advice nor can it ensure that the Will reflects complex personal circumstances and key issues like tax planning, trusts, and other specific legal nuances which require human oversight.

Banks v Goodfellow testamentary capacity

A key requirement for a valid Will is testamentary capacity, meaning the person making the Will understands what they are doing.

In the UK, the Banks v Goodfellow (1870) test is used to assess this, requiring that the testator:

Understand the nature and effect of making a will.
Know the extent of their property.
Recognise who would normally inherit (i.e., family and dependents).
Not be suffering from a mental disorder that affects their judgment.

AI cannot assess whether someone has the required mental capacity or is being coerced, which is why legal professional are worried about its use in Will making.

If somone contests a Will in court, questions about capacity and undue influence often arise, and an AI-drafted document may lack supporting evidence from a lawyer or medical professional.

Using AI to draft a Will

Research says that 72% of UK adults aged between 30 and 34 would consider using AI to update their Will, however these Wills could be putting loved ones at risk due to errors, ambiguous wording and a failure to meet legal requirements.

The research, conducted by Censuswide on behalf of The Association of Lifetime Lawyers, says that as the use of AI grows experts are stressing that when it comes to Wills it’s vital to have professional legal oversight.

“Relying on technology for such an important document as a Will is worrying, but I suspect it is something which could appeal to a younger generation,” said Private Client Solicitor, Joanne Jones.

“The ‘hook’ could be the promise of saving money at the drafting stage, however if the Will is not fit for purpose when the time comes then you are stuck with it and the practical & financial consequences. Unfortunately, many people don’t understand the long term benefit of a comprehensively drafted Will, the expense incurred may seem like a luxury at the time but in reality, it is an investment,” added Joanne.

Many everyday tasks, especially administrative ones are increasingly being completed by AI. However, as laws change, legal requirements alter and complex family structures and tax implications may have an impact, using a solicitor is always recommended when making a Will.

“When considering at the AI debate the first thing that springs to mind is how this is very much like the ‘Solicitor vs Will writers’ discussion this is - essentially you cannot guarantee that the document is drafted to reflect your wishes unless you seek assistance from a properly qualified and experienced legal professional,” warned Joanne.

“Your solicitor will know what you need to include in order to ensure your wishes are followed, they can advise on drafting options (as there are many – ‘simple’ Wills are less and less popular because of the lack of asset protection from things like care home fees and second marriage).”

“Your solicitor can also explain the legal formalities that need to be followed to ensure the Will is valid. AI generated Wills seem to me to be the modern version of the DIY Will kits people used to get from WH Smith and in my opinion there is indeed no replacement for experienced professionalism when it comes to looking after your loved ones,” she added.

How can we help?

For legal advice on making a Will or a Lasting Powers of Attorney contact our private client solicitors on 0161 785 3500 or email enquiries@pearsonlegal.co.uk

Please note that the information and opinions contained in this article are not intended to be comprehensive, nor to provide legal advice. No responsibility for its accuracy or correctness is assumed by Pearson Solicitors and Financial Advisers Ltd or any of its members or employees. Professional legal advice should be obtained before taking, or refraining from taking, any action as a result of this article.