Over the past few years, Artificial Intelligence (AI) has quickly become a part of our everyday lives. From using it to draft your grocery list to having it help summarize and write your work emails, AI technology is constantly evolving to new limits. As the use of these technologies continues to grow, many people are beginning to ask: Can AI draft my will?

It’s an understandable question. In Ontario, individuals have the ability to prepare their own will without hiring a lawyer. Because of this, it may seem like using AI could be just another cost-effective option for advising you on your estate plan.

While AI can be a valuable tool for learning about the estate planning process, relying on it to draft your will contains significant risks. Estate planning is a legally sensitive process, and mistakes can have lasting consequences for you and your loved ones. A will that is unclear, incomplete, or does not comply with Ontario law could create disputes, delay the administration of your estate, or even be deemed invalid.

What AI Can (and Can’t) Do in Estate Planning

AI can be an excellent tool for generating, organizing and summarizing information. However it  often cannot account for the unique legal, financial and personal details of an individual’s estate plan. While using AI can help you become a more informed participant in the estate planning process, it should not be relied upon to produce your legal documents.

Every person’s will and estate plan is unique. Your family dynamics, financial situation, business interests and long-term goals all influence how your will should be drafted. AI tools rely on generalized information and language, which may not address the specific legal and personal considerations that your will and estate plan may require. For these reasons, depending on AI to prepare your will or create a comprehensive estate plan is generally not advisable.

That said, AI can still play a valuable role in the estate planning process. Many people use AI to help with organization, better understand legal concepts and prepare for meetings with their lawyer. It can be a useful resource for:

  • Learning basic estate planning terminology and concepts;
  • Understanding what information or documents you may need to access before meeting with a lawyer;
  • Creating an itemized list of assets or potential beneficiaries; and
  • Preparing questions to ask during a legal consultation.

Privacy Risks of Using AI to Draft a Will

Privacy is another important consideration when using AI for estate planning. Your will often contains highly personal information, including details about your finances, family relationships, children and health concerns. Entering this type of information into a publicly available AI platform may create serious privacy risks.

Most widely available AI platforms are “open-access” cloud-based services that collect and process the information that users provide. Depending on the platform, your prompts may be stored, reviewed, and used to help improve the AI tool. Like any online service, AI platforms may also be vulnerable to cybersecurity incidents or data breaches.

Before sharing personal information, it is important to understand how the platform collects, stores, and uses your data.

Legal Risks of Using AI to Draft a Will

Beyond privacy concerns, there are also significant legal issues associated with relying on AI to draft your will.

Estate law is highly jurisdiction-specific, and requires careful review of and compliance with provincial law. Because AI systems are trained on information from many different sources, they may generate recommendations or clauses based on laws that do not apply in Ontario, or even in Canada. As a result, an AI-generated will could contain provisions that are inconsistent with Ontario law, increasing the risk that part or all of the will could be deemed invalid.

In addition to this, wills also require precise legal language to accurately reflect a person’s intentions and avoid ambiguity. Seemingly small drafting errors or misuse of language can have significant consequences, including:

  • Creating uncertainty about your wishes;
  • Increasing the likelihood that your will may be challenged;
  • Causing delays in administering your estate and creating additional costs; or
  • Resulting in provisions that are ineffective or unenforceable under Ontario law.

An AI-generated document may appear comprehensive while in reality it overlooks important legal requirements or fails to reflect your wishes accurately.

Best Practices and When to Speak with a Lawyer

Although AI can be a helpful educational tool, there are many situations where professional legal advice is essential. For example, when your estate plan is more complex it is generally a good idea to consult with a lawyer.

More complex circumstances could include:

  • Having significant investments or business interests;
  • Owning property in multiple provinces or countries;
  • A blended family or multiple beneficiaries;
  • Wanting to establish trusts for your children;
  • Anticipated family conflicts; or
  • Complex tax considerations.

An experienced estate lawyer can identify issues that standardized, AI-generated documents are unlikely to address properly. Working with a lawyer can also ensure that your estate plan accurately reflects your wishes while complying with Ontario law.

Based in Ottawa, Ontario, Delaney’s Law Firm will ensure your estate plan covers all your bases. Contact our team today to schedule a consultation.

The content on this post is for information purposes only and is not legal advice, which cannot be given without knowing the facts of a specific situation. You should never disregard professional legal advice or delay in seeking legal advice because of something you have read on this website. The use of the website does not establish a solicitor and client relationship.