Can You Use AI To Make a Legally Valid Will?

Using AI to draft a will can address some of the barriers people commonly encounter when making an estate plan, such as cost, complexity, or the difficulty of confronting end-of-life issues. However, using AI carries risks of inaccuracy or failing to protect your specific legal needs.

Even if you can use AI to help draft your will, you’ll want to consider having an experienced estate planning attorney review your document to ensure it meets your estate planning goals.

Can AI Draft a Will?

Yes. Artificial intelligence can draft documents, including wills. No law specifically prohibits an AI-generated will. However, using AI for your DIY estate planning doesn’t guarantee that it is legally valid. Having AI-generated documents also does not ensure they reflect the full extent of your intentions.

Because a will is a legally binding document, mistakes can have serious unintended consequences for your loved ones. AI is a helpful starting point or research tool, rather than a comprehensive solution for some family circumstances.

A comprehensive estate plan requires you to understand the legal requirements for executing estate planning documents if you use AI to draft a will or trust.

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What Makes a Will Legally Valid?

State laws determine the legal validity of wills and trusts. The law does not distinguish between an estate plan drafted by AI and one drafted by an estate planning attorney. In either case, failing to follow state law requirements and formalities jeopardizes the validity of your estate planning documents.

Common estate planning requirements include the following:

• Testamentary capacity. The person making the will must have the requisite testamentary capacity. They must be of legal age and of sound mind.
• Intent. The document must clearly outline the testator’s wishes regarding the distribution of their estate.
• Signature. The will must be signed by the testator or in accordance with the state’s law regarding signatures.
• Witnesses. The will must be signed by the number of witnesses required by state law (usually two or three people who are not beneficiaries of the will) and executed in the manner required by law.

DIY wills and trusts drafted by AI may include the correct elements, but cannot ensure they are executed correctly.

How Estate Planning Laws Vary by State

A will that is valid in one state may not be valid in another state. For example, the witness requirements may require two witnesses in one state but only one in another state.

Or, a state’s law could recognize handwritten (holographic) wills or electronic wills, while another state would not. Then there are issues involving spouses, omitted children, or community property that must be accounted for.

Depending on the specific AI chatbot or agent, it may not account for the rules in your jurisdiction. This can render a document invalid for estate planning purposes. Therefore, you must understand your state’s requirements for a valid will or work with someone who does.

Why a Lawyer Should Review Your Will

Even if you draft your will or trust using AI, it’s a smart step to have a legal professional review the document. AI can save time and resources in the drafting process, while consulting an attorney can ensure legal validity.

A lawyer can also talk you through the particulars of your situation. You may have special circumstances that the AI tool does not account for, such as:

• Family dynamics that make typical solutions a poor fit for your situation
• Blended family considerations
• Special needs planning
• Asset protection concerns
• Complex estates, such as those that include closely held business interests or multi-jurisdictional property ownership

Consulting an estate planning attorney can keep you apprised of current law, such as estate tax exemptions under state and federal law that may apply, as well as changes that could become relevant to your situation.

Some attorneys will review an AI-drafted will and use it to provide a starting point for understanding your goals. It may need to be heavily edited; they may be able to make minor revisions to meet all your needs; or, they may approve it as drafted. It all depends on the circumstances.

Whether an attorney will review your AI-drafted will depends on your particular situation and the attorney you consult.

The Risks of an AI-Drafted Will

Although an AI-drafted will could be a good solution in some situations, it can prove costly if there are mistakes. Common risks can include:

• Improper execution
• Failing to give gifts as intended
• Passing assets to beneficiaries in unintended ways
• Failing to address family disputes, which can lead to time-consuming and expensive litigation in probate court

A cheap draft can be helpful in certain situations. Still, if not drafted and correctly executed, it could prove more costly and time-consuming than hiring an experienced estate planner in the first place.

Get Help from an Estate Planning Attorney

An AI-generated will can help you draft a will, but creating a legally valid will requires you to meet additional state requirements. AI may save time and money, but the risk of mistakes can outweigh those savings if the document is wrong.

Having an experienced estate planning attorney review the document can be a great way to balance convenience, cost, and peace of mind that your document will achieve your estate planning goals and be legally sound. Contact a local estate planning attorney today to assist with making a legally valid will.