With reports that the use of artificial intelligence (AI) for day-to-day tasks is on the rise, including to draft Wills, Holmes Mackillop Solicitors director Ross Brown has warned that this carries a great deal of risk.
“AI is not legally trained and does not have the ability to consider the specific circumstances of an individual or their family,” he said.
“Its generic approach would not take into account their specific wishes, or the potential tax implications of taking a particular approach. Where an individual’s estate is not straightforward, or their family dynamics are complicated, there is increased risk.
“Individuals often benefit from the experience and expertise of a solicitor who can, unlike AI, prompt them to think about things that they may not have considered.”
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Brown argues that, unlike a solicitor, AI would not assess the capacity of the individual to put a Will in place, and this increases the risk of legal challenge in the future. There is also a higher risk of undue influence or forgery.
“In addition, AI may not understand the intricacies of the signing requirements in the jurisdiction in question,” he said. “This could lead to the Will not being properly executed.
“Overall, using AI to draft a Will may appear to be cost-effective and efficient, but could lead to costly litigation and distress for the individual’s family after death.”
