Can I use ChatGPT to write my will? What can go wrong with an AI-generated will.

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Can ChatGPT write a will?

You can ask ChatGPT to draft wording for a will, but that does not mean the document will be valid, suitable or safe to rely on.

A homemade or AI-assisted will may be valid if it meets the legal requirements in England and Wales. The difficulty is knowing whether it does. AI can produce confident, legal-sounding wording, but it cannot check whether the will has been signed correctly, whether the wording reflects your wishes, or whether important family or financial issues have been missed.

For simple preparation, AI may be useful for helping you think through what you own, who you might want to benefit, who could act as executor and what questions to ask a solicitor. It should not be treated as a substitute for legal advice on your own situation.

What makes a will legally valid?

In England and Wales, a valid will normally needs to be:

• made by someone aged 18 or over
• made voluntarily
• made by someone of sound mind
• in writing
• signed in the presence of two adult witnesses
• signed by those witnesses in the person’s presence

There are also important rules about witnesses. For example, you should not leave anything in your will to someone who witnesses it, or to their married partner.

This is where AI has an obvious limitation. It may generate the words, but it cannot supervise the signing process, check who is in the room, assess whether you understand what you are signing, or confirm that nobody is putting pressure on you.

What can AI help with when making a will?

Used carefully, AI may help with the early planning stage. For example, you might use it to:

• understand basic terms such as executor, beneficiary, guardian, trust and probate
• make a list of assets to consider
• prepare questions for a will appointment
• think about who may need to be provided for
• organise your thoughts before speaking to a solicitor or legal expert
• summarise general concepts in plain English

This can be helpful if you feel unsure where to start. The risk comes when AI moves from being a planning aid to becoming the final document you rely on.

A will affects your family, your home, your savings, your personal possessions and potentially your business or farming assets. It may also affect inheritance tax, trusts, vulnerable beneficiaries, children, stepchildren, unmarried partners and people who may expect to inherit. These are not areas where generic wording is enough.

What can go wrong with an AI-generated will?

1. It may look right but fail legal formalities

One of the biggest risks is that the document looks polished but is not validly signed or witnessed.

AI can tell you that witnesses are needed, but it cannot make sure the process is followed correctly. If the signing is wrong, the will may not take effect as intended. That can lead to delay, expense, family disputes, or the estate being dealt with under an earlier will or the intestacy rules.

2. The wording may be unclear

AI often writes in a fluent, confident style. That can make a document look more reliable than it really is.

The problem is that wills need precise wording. Small differences in language can have significant consequences. A clause may seem clear to the person writing it, but create uncertainty later. For example, it may be unclear who receives a gift, what happens if a beneficiary dies first, whether a gift includes jointly owned property, or whether a particular asset still exists.

Ambiguous wording can lead to disagreement between beneficiaries and may require professional interpretation after death.

3. It may not reflect your true circumstances

AI only works with the information you give it. It does not know what you have forgotten to mention.

A solicitor or legal advisor will usually ask follow-up questions to understand your family, assets and intentions. They may ask about previous marriages, children from different relationships, jointly owned property, lifetime gifts, pensions, life insurance policies, dependants, business interests, overseas assets and possible inheritance tax issues.

AI may not ask the right questions. Even if it does, it may not understand the legal significance of the answers.

4. It may miss family complexity

Many families are not straightforward, and that is where DIY and AI-generated wills can become risky.

Extra care may be needed if you:

• are married, divorced, separated or cohabiting
• have children from different relationships
• have stepchildren
• are in a second marriage
• have an estranged child or relative
• want to exclude someone who may expect to inherit
• have made promises to family members
• have someone financially dependent on you
• own property with someone else

These situations do not always make a will complicated, but they do make it important to get the wording and advice right.

5. It may not protect vulnerable beneficiaries

Some beneficiaries need more careful provision than a simple gift.

This may include children, disabled beneficiaries, people receiving means-tested benefits, people who may not manage money well, or family members who are vulnerable to influence from others. In some cases, a trust may be worth considering. In other cases, a straightforward gift may still be suitable.

AI cannot properly advise on which structure is right. It can explain what a trust is, but it cannot assess whether one is needed, who should act as trustee, how it should be administered or what tax consequences may follow.

6. It may ignore tax and estate planning issues

A will is often part of wider estate planning.

Depending on your circumstances, advice may be needed on inheritance tax, business assets, agricultural assets, lifetime gifts, jointly owned property, pensions, life policies, trusts and property ownership. This is particularly important for people with farms, businesses, investment properties, larger estates or assets outside England and Wales.

AI may provide general information, but it should not be relied on for estate planning or tax decisions.

7. It may not deal properly with executors and guardians

Choosing executors is not just a formality. Executors are responsible for collecting in assets, paying debts, dealing with tax and distributing the estate. The wrong appointment can make the administration of an estate more stressful.

If you have children under 18, you may also need to appoint guardians. This is a personal decision, but it also needs clear wording. AI can suggest a clause, but it cannot help you work through the practical issues in the same way as a professional adviser.

8. It may create privacy risks

To generate a useful will, an AI tool may need detailed information about your family, property, finances and personal wishes. That information may include names, addresses, assets, medical issues, relationship problems and details of people you intend to exclude.

Before putting sensitive information into any public AI tool, you should think carefully about privacy and confidentiality. A will often contains some of the most personal information a person can share.

9. It cannot assess capacity or undue influence

A valid will depends not only on what the document says, but also on whether the person making it understands what they are doing and is acting freely.

AI cannot assess testamentary capacity. It cannot judge whether someone understands the nature and effect of a will. It cannot identify whether someone is being pressured by a relative, carer or partner. It cannot spot signs that a vulnerable person may need additional protection.

This can be especially important where an elderly or vulnerable person makes a sudden change to their will, excludes a close family member, or leaves assets in a way that others may later question.

10. It may be based on the wrong law

AI tools can mix information from different countries. A person in Somerset, Dorset or Bath needs a will that works under the law of England and Wales. Generic information from the internet, or wording based on another jurisdiction, such as the United States, Canada or Scotland, may not be suitable.

This is one reason why AI-generated legal documents can be difficult for non-lawyers to check. The wording may sound formal, but that does not mean it is right for your situation or your legal system.

A wider warning about AI and legal accuracy

There have already been well-publicised examples of AI producing false legal material in other legal contexts, including fake cases and inaccurate legal references. That does not mean every AI-generated document is wrong. It does show why legal-looking AI output should be treated with caution.

The key issue is that AI can be confidently wrong. It may produce an answer that sounds clear and authoritative, while missing the legal detail that matters most.

With a will, the problem may not become obvious until after death, when the person who made the will is no longer here to explain what they meant.

When is an AI-assisted will especially risky?

A DIY or AI-generated will is especially risky if:

• you own a property
• you are married, divorced, separated or cohabiting
• you have children from different relationships
• you want to exclude someone from your will
• you have a vulnerable beneficiary
• you own a business or farm
• you have overseas assets
• you are concerned about inheritance tax
• you want to leave money to charity
• you need to appoint guardians for children
• there is family conflict
• you are helping an elderly or vulnerable relative make a will
• you have already used AI and want the document checked

In these situations, the cost of getting advice is often much lower than the cost of putting things right after a dispute.

Should I use ChatGPT at all?

AI can be useful for preparation, but not for final legal reliance.

How Battens can help

Battens’ Wills, Trusts, Probate and Estate Administration team helps individuals and families make clear, practical decisions about wills and estate planning.

The team can help with:

• making a new will
• updating an existing will
• appointing executors and guardians
• protecting vulnerable beneficiaries
• considering trusts where appropriate
• inheritance tax and estate planning issues
• probate and estate administration
• advice where there are concerns about capacity, pressure or family disputes

With offices across Somerset, Dorset and Bath, Battens can provide clear, practical advice to help you protect your wishes and reduce the risk of problems for your family later.

Final takeaway

AI can help you start thinking about your will. It should not be the only thing standing between your family and a future dispute.

If you have used ChatGPT or another AI tool to prepare a will, or you are thinking about making or updating your will, Battens’ Wills, Trusts, Probate and Estate Administration team can help you understand your options and avoid problems later.