What are the risk of using artificial intelligence when writing a will? New research reveals that 72% of UK adults aged between 30 and 34 would consider using AI to update their will. The research, conducted by Censuswide on behalf of The Association of Lifetime Lawyers, found that only half (52%) of wills in the UK have been drafted by a solicitor. This raises concerns that many people may be putting their estate and loved ones at risk due to errors, ambiguous wording, or failure to meet legal requirements. AI and Will Writing As the use of AI continues to rise, experts are stressing that when it comes to wills, it’s vital to have professional legal oversight. It is very important to understand that using AI to update or create your will could have devastating consequences for your loved ones. The Risks of AI-Generated Wills Although the appeal of AI-generated wills is understandable, particularly among younger generations, who may see it as an easy solution, this is quite likely deceptive. A will is one of the most important legal documents you will ever create. Relying on AI to draft or update it without proper legal guidance could result in errors that make a will invalid or lead to unintended consequences, such as disputes between family members or tax implications being overlooked. What Happens When AI Writes a Will? The Association of Lifetime Lawyers has tested various AI platforms including ChatGPT, DeepSeek and Microsoft Copilot to create a will. While they can produce documents that look like a will and meet the most basic requirements, there are confusing structures, poor grasp of legal requirements, lack of understanding of the knock-on effect of key decisions, lack of personalisation and inaccurate wording. Why Legal Expertise Matters AI simply cannot understand the complexities of human relationships, nor can it offer personalised advice based on a person’s unique circumstances. As a result, people may unknowingly put their loved ones at risk by relying on technology to handle such an important document. It’s vital that people seek advice from an experienced legal professional, who can guide them based on your unique situation to ensure your wishes are carried out and help minimise inheritance tax where possible. For expert advice on creating a will that accurately reflects your wishes, please visit www.browells.co.uk or call our wills team on 0191 691 3417.
UPDATE – Probate Registry Delays 2024 CILEX (The Chartered Institute of Legal Executives) have indicated that the severe delays being experienced with probate application will not improve without adequate resources. Further, CILEX have stated that they do not believe that the Probate Registry currently has the “necessary resources, capabilities or expertise to process applications for probate, including complex probate, in a timely manner”. The waiting time for probate has almost doubled within the last financial year and despite this being out of the control of probate practitioners, it appears to reflect negatively on the professionals from a client perspective. It is being widely reported that the delays with the issue of Grants of Representation are causing issues within the property market as sales are falling through due to the delay. The financial consequences of the delays can be dire for the bereaved family members. In response to the House of Commons Justice Committee inquiry into the probate service in England and Wales STEP (The Society of Trusts and Estate Practitioners) are calling for increased staff and improvements in process and believe that it is reasonable to expected Grants to be issued within 28 days. There is new management team in place at the Probate Registry according to the UK’s Parliamentary Under-Secretary of State for Justice and he claims this is part of the recovery plan to address the persistent delays. From 18th January 2024 there has also been a change to the process for submission of Grants where HMRC have received a full Estate tax return which should improve processing times. Only time will tell if the new measures will lead to significant improvements. You can view STEP’s full consultation response here
FAKE NEWS: We don’t need Wills, we will inherit everything from each other as we are married! It is a very common misconception that everything passes to the surviving spouse / partner upon first death. In some cases, this will be true, for example, when the deceased does not have children or if the value of the Estate is below £322,000. For Estates worth in excess of £322,000, where the deceased has children, the surviving spouse/partner will receive the first £322,000, the personal possessions of the deceased and 50% of the remainder of the Estate (the residue). The other 50% of the residue is shared equally between the children of the deceased. This may not be the wish or intention of the first spouse/partner to pass away, may have adverse tax implications and could potentially lead to claims by disappointed beneficiaries who have not been adequately provided for. It is essential to obtain expert advice and put a suitable Will in place. Our expert team can assist you with your Estate planning needs.