Trust Me, I’m a Robot – AI Wills

Can You Really Trust AI to Write Your Will?

Artificial intelligence (AI) is a powerful tool which is fast becoming an indispensable facet of modern life. However, as is often the case with other forms of “homemade Wills”, it may not be wise to rely on a Will drafted by AI technology.

The Hidden Risks of AI-Generated Wills

Cost vs. Quality: Is It Worth the Savings?

Whilst convenient and significantly cheaper than a professionally drafted Will, using AI to draft your Will is a good example of the adage that “you get what you pay for”

Lack of Personalised Legal Guidance

There are several benefits to a professionally drafted Will, principal among which is the opportunity to meet with an experienced professional who has the ability to draw on their interdisciplinary knowledge of the law in order to provide holistic advice on how your estate ought to be structured.

Estate Planning Isn’t Just Form-Filling

Oftentimes, people consider that drafting a Will is simple and that can often be true in respect of the actual drafting of the document. The complexity of drafting a Will is understanding the multitude of legal quirks which comprise proper estate planning.

Why Poorly Drafted Wills Could Lead to Family Disputes

Ambiguity is often the greatest cause for litigation in respect of legal documents, including Wills. The use of AI, rather than a suitably qualified professional, risks lengthy disputes after your death, causing significant delay and unnecessary stress for your family and those involved in the administration of your estate.

The final consideration is compliance with the Wills Act 1837. In order to be validly executed, Wills are subject to strict witnessing requirements. A failure to properly observe these requirements may result in the Will being declared invalid and your estate being administered as if you left no Will.

How Our Team Can Help

A Comprehensive, Professional Will Service

At Browell Smith & Co. Solicitors, our comprehensive Will-drafting service includes:-

  • A free initial consultation to determine the composition of your estate;
  • The benefit of our professional experience and judgement, including the ability to advise on complex Inheritance Tax matters and care home fee planning;
  • Peace of mind that your Will has been correctly signed and dated using two professional witnesses; and
  • Secure storage of your executed Will.

Contact us today to arrange your free initial consultation by phone 0191 691 3417 or email probate@browells.co.uk.

Only 1 in 4 Pet Owners Include Their Pets in Their Will, New Census Reveals

Only 26 % of people over 30 have provided for their pets in their Will, and 59% didn’t realise their pets are legally considered assets according to a recent census completed by Censuswide on behalf of The Association of Lifetime Lawyers.

This lack of awareness could leave thousands of beloved animals at risk when their owners pass away.

Are Pets Considered Property in a Will?

Yes. Under UK law, animals are generally considered property, or ‘chattels’. This means that a pet owner is free to care for their pet in any way they see fit (provided that this treatment does not cause unnecessary suffering). Animal owners are also able to sell their pet at any time. This is often beneficial and offers pet owners a lot freedom with how they deal with their pets.

While this legal definition allows flexibility for owners during their lifetime, it can create serious problems when the owner dies, especially if there’s no plan in place for who will take custody of the pet.

The Growing Importance of Pet Custody in Estate Planning

Animals are not capable of possessing money or property and therefore cannot be left anything to inherit in a Will. It is therefore essential that pet owners specify in their Will who they would like to care for their pet when they pass away. Once a pet owner has decided who will care for their pet, it is also possible for them to ring-fence money in their Will so that it can only be used for the continued care of the pet.

In addition, pet owners should recognise the importance of reviewing their Will regularly to ensure that it covers any new pets that may join them during their lifetime.

The Risks of Not Planning Ahead

Failing to make legal arrangements for your pet could result in:

  • Unwanted pet custody outcomes (e.g. pets being passed to shelters)
  • Family conflict or legal disputes
  • Stress or trauma for your pet during an already difficult time

By acting now, you ensure your animal companions are protected and cared for in line with your wishes.

How to Legally Provide for Your Pet in a Will

At Browell Smith & Co. we understand the importance of keeping your pets safe and cared for when you pass away. That is why our specialist legal team are able to advise clients on all of the possible options regarding their pets, so that you can choose the best option for your particular situation. Contact our friendly team by phone 0191 691 3417 or email probate@browells.co.uk.

Why you should plan ahead with a Health and Welfare Lasting Power of Attorney

Planning for the future is one of the most important things you can do to protect your health and wellbeing, especially as you get older. A Health and Welfare Lasting Power of Attorney (LPA) allows you to choose someone you trust to make decisions about your care, treatment and daily life if you lose the ability to decide for yourself.

Without a legally binding LPA in place, your loved ones may be unable to act on your behalf, even in urgent situations. That’s why planning ahead with a Health and Welfare LPA is essential for anyone who wants peace of mind and control over their future.

What is a Health and Welfare Lasting Power of Attorney?

A Health and Welfare LPA is a legal document that lets you appoint one or more people (known as attorneys) to make decisions about your personal health and care if you lose mental capacity in the future.

It covers decisions such as:

  • Where you live and who cares for you
  • What you eat and wear
  • Your daily routine
  • The medical treatment you receive
  • Whether to continue or refuse life-sustaining treatment
  • Your end-of-life care and organ donation wishes

By creating an LPA, you make sure that your preferences are known and legally recognised, and that someone you trust is empowered to speak up on your behalf.

Why Set Up a Health and Welfare LPA?

Many people assume their spouse or children will automatically be able to make decisions if something happens. But in the UK, this is not the case unless a Lasting Power of Attorney is in place.

Benefits of setting up a Health and Welfare LPA:

  • Legally protects your future healthcare decisions
  • Avoids delays or complications in urgent situations
  • Reduces emotional stress for family members
  • Gives you control and confidence about your future

Whether you’re planning ahead due to age, illness, or simply peace of mind, putting an LPA in place ensures your voice is heard even when you can’t speak for yourself.

Steps to set up a Power of Attorney:

1. Think about your future wishes and write them down

Take some quiet time to reflect on what you would want if you could no longer make decisions about your own care. Would you prefer to stay at home rather than move into a care facility? Do you have strong feelings about life-sustaining treatment or pain relief? Are there cultural, religious or personal preferences that should be respected?

Writing down your thoughts can help you understand what matters most and start to form a clear plan.

2. Have the conversation

Once you’ve thought about your wishes, it’s time to talk to those closest to you. Choose someone you trust such as a family member or close friend and let them know how you feel about your future care.

These conversations can be difficult, but they’re important. Talking now means your loved ones won’t be left guessing later. It also gives them the chance to ask questions and feel confident in their ability to support you.

Remember: it’s never too early to start the conversation, but it can be too late.

3. Finalise Your LPA with a Legal Professional

While it’s possible to create an LPA yourself using online forms, mistakes or vague wording can cause serious problems down the line. A DIY LPA may not fully reflect your wishes, or it could be rejected altogether.

That’s why it’s best to speak to a specialist legal professional who understands the complexities of Health and Welfare LPAs. They’ll make sure your document is legally valid, accurately reflects your preferences, and considers all the right questions, even the ones you haven’t thought of.

Frequently Asked Questions about LPAS

What’s the difference between a Health and Welfare LPA and a Property and Financial LPA?

A Health and Welfare LPA covers personal and medical decisions. A Property and Financial LPA deals with money, bills, and property matters. Many people choose to create both.

When does a Health and Welfare LPA come into effect?

Only when you lose mental capacity, your attorney cannot make decisions while you still can decide for yourself.

Can I change or cancel my LPA later?

Yes, as long as you have mental capacity, you can revoke or amend your LPA at any time.

Do I need a solicitor to create an LPA?

While not legally required, working with a solicitor reduces the risk of errors and ensures your LPA fully reflects your wishes.

Speak to Our Solicitors About Your LPA Today

A Health and Welfare LPA helps give you the confidence that your wishes will be followed and that someone you trust will be there to make the right decisions on your behalf.

Don’t delay, get in touch with Browell Smith & Co Solicitors Limited today to get your LPA in place. Contact our friendly team by phone 0191 250 3200 or email probate@browells.co.uk

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