We are now using Artificial Intelligence (AI) in all aspects of our lives. If an AI chatbot can draft correspondence, review documents, track our spending and assist with planning a holiday, what about asking it to prepare a will?
Drafting a will is fundamentally different to everyday tasks for which AI is used. It is a formal legal document and even an apparently straightforward estate can involve complex family, property, tax and succession issues that a generic will may not address.
The wording used in a will must be exact. AI-generated wording may sound crisp and clear but it can still create ambiguity or fail to deal with important legal and tax issues. The legal industry often receives criticism for the use of unnecessarily verbose and complicated language. However, there is a reason for this in the context of a will where the use of such language has been verified over many years of caselaw, making the will certain.
A will must satisfy the execution requirements in section 78 of the Succession Act 1965. It must be in writing and signed by the testator in the presence of at least two witnesses who are present at the same time. The signing formalities of a will are strictly enforced by the courts. AI cannot supervise the signing process. Nor can it assess capacity or ensure that a will is updated after marriage, separation, divorce, a death in the family or a material change in assets. AI cannot provide tailored advice on capital acquisitions tax or the consequences of a person’s particular circumstances.
The risk of getting a will wrong can be serious. Recently, Ken Kennedy Law acted for a party to High Court proceedings involving the interpretation and construction of a will after the death of a testator in 2012 with the case only coming to a finality this month, fourteen years later. The concern is that the use of AI in the drafting of wills will only serve to increase uncertainty and will lead to more disputes and court challenges.
AI can be useful for general information and for preparing questions before seeking legal advice. However, it should not replace advice from a solicitor experienced in wills and estate planning. The cost of a properly prepared will may be modest compared with the cost, delay and distress that an invalid or unclear will can cause.
For advice on drafting your will, please contact:
Eibhlin Dowley
Ken Kennedy Law LLP
Email: eibhlin@kenkennedylaw.com | info@kenkennedylaw.com
Telephone: +353 1 524 1054
This article is for general information only. It is not legal advice and should not be relied on as a substitute for advice on a particular person’s circumstances.