Be careful when drafting a Will using AI…

A businessman with a keen interest in AI decided to use AI to draft a Will for him.

He had a trust to protect his assets from business creditors and was about to get married for a second time.

He sadly passed away soon afterwards and the lawyers acting for his estate reviewed the Will he had drafted and signed.

Unfortunately there were multiple issues with the AI-drafted Will and it could not be used to apply for Probate as it was not valid.  The content of it therefore had no effect. 

His new wife had to go through the process of applying for Letters of Administration for his estate, which was long and drawn out.  It also led to difficulties for his new wife dealing with his children from his first relationship.

Potential issues with AI-drafted Wills

There is no doubt that AI is an amazing tool and can be very useful when drafting documents.

However there are many legal documents, including Wills, that have very specific requirements put in place by legislation with regard to content and witnessing.  You therefore need to be very careful when using AI for such documents.

Common issues with AI or online-based Wills are:

• They are often not sourced from the correct jurisdiction. AI might source a precedent document based on Australian or US law for example.
• Generally people don’t know the right information to tell AI.  AI can only work with what it has been told, so this leads to a document that does not adequately cover all of your assets. 
• Even if the document itself is valid, it is not signed correctly.
• Misunderstandings about the meanings of certain roles and therefore the wrong people are nominated, e.g. executor, guardian.
• People remove key clauses, not realising their importance to the validity of the Will.
• The person often does not give any thought to any assets held overseas and whether they can be dealt with in a New Zealand Will.

In the case above, the man forgot about his trust and told the AI tool his family home was owned by him personally (when it was owned by the trust), and did not mention his imminent marriage. 

Trust property is dealt with separately to a Will but there are various powers that need to be referred to in a Will.  Marriage invalidates a Will, so a Will needs a clause added making clear that it is made in contemplation of a planned marriage for the Will to have any effect after the marriage takes place.

The importance of having documents checked by a legal professional

Many people believe they are saving money and time by using AI or other online-based tools to make a Will.  All too often, what they have created and signed is invalid as it is missing key clauses or is not signed properly, which ends up costing their estate more money when they pass away, and drawing out the timeframe that it takes to administer the estate.

Having a legal professional draft your Will is highly recommended as they will ensure you have all bases covered, including things like guardianship of children, assets in other countries, or assets in trusts or companies.

As a minimum, having a legal professional (in the right jurisdiction) check your AI-drafted or online-drafted Will is highly recommended to save those left behind the stress and cost of dealing with an invalid or poorly drafted Will.   This gives you peace of mind that you have left your affairs in the best possible shape for those left behind.

Leading law firms committed to helping clients cost-effectively will have a range of fixed-price Initial Consultations to suit most people’s needs in quickly learning what their options are.  At Rainey Collins we have an experienced team who can answer your questions and put you on the right track.