Can AI Write a Will or Administer an Estate?

Artificial intelligence can explain legal terminology, answer general questions and produce draft wording within seconds. However, AI should not be treated as a replacement for tailored legal advice when writing a will or administering an estate.

A will or estate administration rarely involves one simple question. The correct approach will often depend on a person’s family circumstances, property, investments, business interests, tax position and plans for the future.

Why are people using AI for wills and probate questions?

AI tools are available 24 hours a day and can provide an almost immediate response. It is therefore understandable that someone might turn to AI during the evening or at the weekend when a solicitor’s office is closed.

AI may help you understand legal terminology, organise your thoughts or identify some of the questions you need to consider.

However, a fast and confident answer is not necessarily an accurate answer. It may also fail to take account of important information that you did not know was legally relevant.

Many people believe they must know exactly what they want before speaking to a solicitor. That is not the case. Speaking to a solicitor early can help you understand the available options and make a properly informed decision.

Can AI write a will?

AI can produce draft wording for a will, but producing a document is not the same as creating a will that accurately reflects your wishes and works as intended.

A will must do more than record the names of executors and beneficiaries or list individual gifts. It should be considered alongside matters such as:

• Your family and personal circumstances
• Your home and any other property
• Savings and investments
• Business or partnership interests
• Your tax position
• The needs of your beneficiaries
• How different parts of your estate interact

When preparing a will, a solicitor follows an established process. This includes asking structured questions, identifying potential issues, using appropriate precedents and checking that the final document both reflects the client’s wishes and works in law.

AI does not necessarily follow the same disciplined process.

What are the risks of using AI to write a will?

One of the main risks is that AI can produce wording that appears detailed, professional and convincing, but does not achieve the intended result.

In my work, I have seen AI-generated documents that were unnecessarily complicated or simply failed to do what the person intended. Correcting these documents can be time-consuming and expensive.

The principal risks can include:

• Important family or financial circumstances being overlooked
• Wording that is unclear, contradictory or ineffective
• A document failing to deal with all relevant assets
• Unintended consequences for beneficiaries
• Tax or property issues not being identified
• No reliable record explaining why particular wording was used
• Limited or no recourse if something goes wrong

With a will, a mistake may not become apparent until after the person has died. At that stage, it may be impossible to ask what they meant or clarify their instructions.

A solicitor will normally retain a file recording the client’s instructions, the questions asked, the advice provided and the reasons for the final wording. Those records can be extremely important if the will is questioned or challenged several years later.

Can AI provide estate administration or probate advice?

AI can provide general information about probate and estate administration, but it should not be relied upon to make decisions about a particular estate without appropriate professional advice.

Estate administration can be complex. An executor might ask AI questions such as:

• Can a property be transferred to a beneficiary?
• Can money be distributed before probate is granted?
• Can one beneficiary buy another beneficiary’s share of a property?
• When can the estate’s debts be paid?
• Is tax due before the estate is distributed?

The answer may depend on the wording of the will, the assets and liabilities, the beneficiaries, possible claims against the estate and whether the estate is solvent.

An answer that appears correct when considered in isolation could still result in the wrong outcome if the estate as a whole has not been reviewed.

What tax issues can arise when administering an estate?

Executors may need to consider several different taxes during the administration of an estate, including:

• Inheritance Tax
• Income Tax
• Capital Gains Tax
• Stamp Duty Land Tax

For example, Stamp Duty Land Tax may need to be considered where beneficiaries are buying each other out of an estate property.

The relevant tax treatment will depend on the individual estate and the proposed transaction. Acting on a general AI-generated response without considering the wider circumstances could result in an unexpected tax liability or other complications.

Why does a solicitor need to understand the whole picture?

People naturally ask questions based on what they already know. However, someone administering an estate may not know which facts are legally important or which additional questions need to be asked.

An AI tool can only respond to the information it has been given. If it has not been told about a particular asset, debt, beneficiary, family relationship or tax issue, its answer may be incomplete or misleading.

An experienced solicitor does more than answer the immediate question. They look for issues that may have been missed and consider how each decision could affect the estate as a whole.

There is also a human story behind every will and estate. Families may be dealing with:

• Bereavement and emotional pressure
• Difficult family relationships
• Vulnerable beneficiaries
• Second marriages or blended families
• Financial difficulties
• Disagreements between executors or beneficiaries

These circumstances may not appear in a narrowly worded question. A solicitor can listen, understand what matters to the family and explain the available options in a way that reflects both the law and the practical realities of the situation.

Is AI useful for wills and probate work?

AI can be a useful tool when it is used appropriately.

It may help to:

• Explain unfamiliar terminology
• Organise information
• Create a list of questions to discuss with a solicitor
• Summarise general information
• Improve the efficiency of administrative tasks

Law firms are also using technology to organise information, work more efficiently and provide faster responses to clients.

However, the solicitor remains responsible for the legal work. Important documents and decisions still require careful drafting, established procedures, appropriate precedents and proper professional review.

AI should support professional judgement rather than replace it.

When should I speak to a wills and probate solicitor?

You should consider obtaining legal advice before taking action if:

• You are making or updating a will
• You own a business, investments or several properties
• Your family circumstances are complicated
• You wish to provide for a vulnerable beneficiary
• You are an executor and are unsure about your responsibilities
• The estate includes property, debts or possible tax liabilities
• There may be a claim or dispute involving the estate
• You are considering distributing money or transferring property
• An AI tool has produced wording or advice that you are unsure about

Obtaining advice at an early stage can help you understand your options, identify potential problems and avoid mistakes that may be difficult or expensive to correct later.

Frequently asked questions

Can ChatGPT or another AI tool write my will?

AI can generate draft wording, but it cannot guarantee that the document reflects all your circumstances or achieves the intended legal result. A solicitor can ask the necessary questions, identify issues you may not have considered and prepare a will tailored to your position.

Can I rely on AI for probate advice?

AI may provide useful general information, but probate and estate administration decisions should be based on the complete estate. This includes the will, assets, debts, beneficiaries, tax position and any potential claims.

Can an executor distribute money before probate?

The appropriate timing will depend on the estate’s assets, liabilities, tax position and other circumstances. Executors should be particularly careful about distributing estate funds before they are satisfied that all relevant liabilities and potential claims have been considered.

Can AI replace a wills and probate solicitor?

AI can support research, explain terminology and help organise information. It cannot replace the structured process, professional responsibility, experience and human understanding provided by a solicitor.

Is it worth speaking to a solicitor if I intend to deal with the estate myself?

Yes. Even if you ultimately intend to handle the matter yourself, obtaining independent advice at the outset can help you understand your responsibilities, identify risks and decide how best to proceed.

Speak to our Wills and Probate team

If you are considering using AI to prepare a will, are administering an estate or are unsure whether the information you have received is appropriate for your circumstances, our Wills and Probate team can help.

Early, independent advice can help you understand your options, avoid costly mistakes and achieve a better overall outcome.

Contact Martin Tolhurst Solicitors to arrange a discussion with a member of our Wills and Probate team.

About the author

Paul Rothwell is a Partner at Martin Tolhurst Solicitors.

Paul advises clients on wills, probate and estate administration, helping individuals and families understand their options and make informed decisions about their estates.

This article is provided for general information only and does not constitute legal advice. Legal advice should be obtained for your individual circumstances.