Why Homemade & AI‑Generated Wills Can Do More Harm Than Good

In an era increasingly driven by digital convenience, the use of AI‑assisted drafting tools and do-it-yourself (DIY) Will kits is often marketed as a simple, low-cost alternative for estate planning. However, these seemingly straightforward solutions can create more legal complications than they resolve. Without professional legal oversight, testamentary documents produced through such means risk being invalid, unclear, tax-inefficient, and highly susceptible to dispute or challenge.

The Correlation between homemade Wills and Probate Disputes

Recent data demonstrates the consequences of making Wills yourself, or using AI as a guide:

• In 2023, there were 10,409 caveat applications. These are formal notices to block probate. This marks a 43 % increase compared to 2019. The rise in homemade Wills during the COVID has contributed to this. These wills are more likely to contain omissions and errors and be open to interpretation, which makes disputes more likely. This is added to by an increasing proportion of families dealing with administrations of estates themselves rather than using independent and/or professional executors.
• A survey by the Association of Lifetime Lawyers, conducted via Censuswide, revealed that 72% of UK adults aged 30–34 would consider using AI to update their will. Yet, only around half of UK wills are drafted by solicitors, highlighting the increasing reliance on unregulated, automated tools.

The Risk of ‘Small Errors’ Invalidating the Entire Document

Under the Wills Act 1837, a valid will must:

•             Be in writing

•             Be signed by the testator

•             Be witnessed by two independent individuals

DIY and AI-generated wills provide no safeguards to ensure compliance with these statutory formalities. Even what may appear to you to be seemingly minor errors, such as having a beneficiary serve as a witness, leaving a will unsigned, or placing signatures incorrectly, can invalidate the document, resulting in the estate being administered under the default laws of intestacy.

Moreover, precision in legal language is vital. Homemade wills often include:

• Vague asset descriptions like “my property” or “my money”
• Failure to include residuary clauses or address alternate beneficiaries
• Unclear or informal conditional gifts

Such ambiguities can provoke interpretation disputes, requiring court intervention to clarify intent. These disputes delay administration, increase legal costs, and diminish estate value.

Even worse, such errors may not come to light until after the testator's death, at which point rectifying the issue is far more complex and costly, often forcing grieving families into contentious legal proceedings.

AI‑Generated Wills: Convenience at a Significant Cost

While AI platforms promise speed and affordability, they cannot replicate the critical judgment and nuanced analysis of a solicitor. AI tools cannot adequately accommodate complex personal scenarios, such as:

• Blended families or estranged relatives
• Foreign property and cross-border succession laws
• Vulnerable beneficiaries who may require trusts or lifetime management
• Executors who lack the experience to act without professional guidance

It is also important to note that AI tools have been shown to produce inaccurate legal content. A recent legal scandal involving the citation of fictitious case law, generated by AI, illustrates the potential severity of relying on unverified information. In a £89 million damages claim against Qatar National Bank, the claimants referenced 45 case-law authorities—18 of which were found to be entirely fictitious, with several others containing fabricated quotations. The claimant admitted using publicly available AI tools and his solicitor accepted he cited the sham authorities.

AI programs also lack the ethical and fiduciary responsibilities of a regulated professional. Unlike solicitors, they cannot assess testamentary capacity, identify undue influence, or provide personalised legal advice based on the testator’s unique circumstances. They are not bound by professional codes of conduct or regulatory oversight, and thus cannot offer the reassurance and accountability that clients are entitled to.

The Consequences of Cost‑Cutting

The initial savings of using a DIY or AI-generated will suffer in comparison to the financial consequences of mistakes:

• Probate disputes and court interventions can exceed £10,000
• Delays in inheritance due to caveats or contested claims
• Increased probate fraud (rising by approximately 20 %) often targets poorly drafted wills
• Emotional distress and familial breakdown resulting from contested estates

In many cases, families must spend more time and money unravelling these legal issues than it would have cost to instruct a solicitor from the outset.

How We Can Help

Our Private Client team provides end-to-end estate planning services that ensure your wishes are honoured and your loved ones protected.

Legally Valid, Properly Executed Wills

• We oversee the signing and witnessing process in full compliance with the Wills Act 1837, ensuring the integrity and enforceability of your will.

Advanced Estate Structuring

• We tailor your estate plan to accommodate:
  • Blended families and stepchildren
  • International assets and taxation issues
  • Vulnerable beneficiaries who may require protective measures

Drafting Clarity and Dispute Avoidance

• Our legal drafting is clear, comprehensive, and meticulously structured to minimise disputes and ensure the efficient administration of your estate.

Professional Oversight and Accountability

• We offer capacity assessments, secure document storage, will registration options, and carry professional indemnity insurance—providing peace of mind and legal security.

Ongoing Review and Adaptation

• We recommend periodic reviews to reflect major life events such as marriage, divorce, birth of children, or changes in wealth or residence.

Our experienced solicitors are here to ensure your will is legally sound, tax-efficient, and robust enough to stand the test of time. We are here to support your executors and protect your family from the emotional and financial fallout of defective wills.

Professional Advice vs. Perilous Convenience

The growing prevalence of DIY and AI-generated wills reflects a societal shift toward convenience—but legal precision should not be sacrificed. The risks associated with unregulated drafting far outweigh the perceived savings.

By choosing professional guidance, you are investing not only in legal compliance but in peace of mind. We ensure your wishes are legally enforceable and your estate is structured efficiently. Unlike automated tools, we can offer tailored strategies, ongoing support, and a trusted relationship grounded in accountability.

To discuss creating or reviewing a will, or for bespoke estate planning advice, please contact our Private Client team today on 01384 410410 or complete our online enquiry form.