Why You Still Need a Lawyer to write your will in the Age of AI

There is no doubt that we live in a world where technology is reshaping the way we live, work and make decisions.  Artificial Intelligence (AI) tools are now able to spit out documents in mere minutes that previously would have taken hours to produce – including wills.  We are spoilt for choice when it comes to will drafting these days and with so many free online templates and DIY options it’s tempting to draft your own will without seeking professional help. Wills are one of the most important legal documents you will ever sign.  In New Zealand, small mistakes in your will can have significant consequences, sometimes leaving loved ones to

pick up the pieces instead of the estate being administered smoothly as was intended.

The appeal and limitations of AI

AI offers a low cost, quick and convenient service.  You simply type in a few details and within seconds you have a professional looking will.  Easy as that, right?  While AI can sometimes provide a useful starting point, it does have fairly significant legal limitations, including:

• No understanding of your personal circumstances: AI is not, and never will be, aware of your personal circumstances.  Whether it’s the unspoken complexities of your family dynamics, cultural considerations, a blended family situation or adopted children, these circumstances and many others require more than just a template. 
• No risk assessment or explanation of consequences: AI can’t look at clauses in your will and assess whether they may be likely to trigger a claim against your estate and explain how and why this is the case.
• No ability to advise on alternative solutions or structures for you: AI can generate solutions based on the prompts you provide it, but it lacks contextual awareness and cannot think laterally.  AI has no ability to step back, look at the bigger picture and offer creative alternatives which still achieve your desired outcome.
• Risk of invalidity: New Zealand has strict content, signing and witnessing requirements for wills, and the risk of doing this incorrectly may cause the Court to deem your will is invalid, therefore causing significant stress to your family and likely increasing the costs involved to remedy the error.

Ultimately, if something goes wrong, AI isn’t going to be there to help your loved ones fix the problems you have left behind.

Why a having a trusted lawyer still matters

Lawyers do more than just fill in the blanks.  They bring with them experience, skills and knowledge that AI simply does not have.  Among other things, they also bring you:

• Tailored legal advice: this is personalised to your relationships, assets, business interests, and other obligations.  A good lawyer will ask the hard questions to ensure your will is fit for purpose and best suits your circumstances.
• Compliance and certainty: knowledge of appropriate legislation and the expertise to ensure your will includes the right content and is validly executed.
• Foresight: advice to future-proof your will by perhaps contemplating a future marriage, the birth of children or grandchildren, the death of an executor, or identification of potential issues that may arise from your wishes, such as leaving a child out of your will or distributing your estate in unequal portions to your children for example.
• Support: a good lawyer does more than just support you through the making of your will but is also there to help guide your chosen executors through their role after you die.  This isn’t only practical guidance but also includes ensuring that your executors understand their duties to your beneficiaries and the legislation that governs them.

A Better Approach

There is no question AI can be a helpful tool, but it shouldn’t be relied upon to get everything right.  The safest approach to will drafting is to let the experts guide you.  Your will isn’t any old document – it’s likely one of the most important documents you will ever sign.  AI is a great tool to help in certain circumstances, but in terms of will drafting it can’t replace the role of a lawyer, and it can’t provide you with peace of mind knowing your will is valid, legally sound, and is able to stand the test of time.

If you’d like a review of your current will, or to create a new one which reflects your intentions, get in touch with the McCaw Lewis team.  We can help you protect your legacy by combining the efficiency of technology with the precision and judgment that only human experience brings.

Note: This article was thought of, written, and edited by a real human. As we’ve established there’s still no substitute for human intuition, nuance, and that gut feeling that something just “sounds better.” Long live the humans.