As artificial intelligence (AI) becomes increasingly integrated into everyday life, its use in the legal sector is also expanding - from document review, to inbox and diary management, to contract generation. You can read more about how Brodies is embracing AI on our AI hub.
But can AI be used to draft your will? While an AI tool may be capable of producing a document that looks like a will, important questions remain: can such a document ever be legally valid under Scots law? And, just as crucially, should you ever rely on an AI-generated will?
Can AI draft a will?
Theoretically, yes. AI platforms and online tools can guide users through a series of questions and automatically generate a document which looks like a will - much like traditional online templates or DIY kits.
However, producing a document is only one part of the will preparation process. The much more important part of the process is ensuring that the document is valid and effective in achieving your wishes.
For a will to be legally valid in Scotland, it must comply with specific statutory formalities. A failure to do so may render the will invalid, leaving your estate to be distributed according to a prior will or the laws of intestacy. Even a legally valid will could cause practical or legal difficulties in giving effect to your wishes if it is poorly drafted.
What are the legal requirements for a valid will in Scotland?
The formal requirements for a valid will are set out in the Requirements of Writing (Scotland) Act 1995
For a will to be valid, the following requirements must be met:
- The testator must have legal capacity (i.e. be of sufficient age and of sound mind);
- The will must:
- be in writing;
- be signed by the testator (the person making the will) at the end of the will; and
- clearly express the testator’s intentions regarding the distribution of their estate.
Further, for the will to be “probative” (i.e. proving itself to be valid), the will must also be subscribed by the testator on every page as well as witnessed by one person, with the witness’ signature and details included on the last page of the will.
These requirements exist to ensure authenticity, confirm the testator’s capacity and intention, and to safeguard against fraud, undue influence or other improper interference.
While AI can generate a written document, it cannot ensure that these formalities are properly met. It cannot assess the testator’s capacity or verify that the testator understood the contents; that the signature is genuine, or that the execution or witnessing requirements have been correctly followed. Each of these points is fundamental to legal validity.
Risks of using AI to write your will
Aside from questions of execution, there are also problems with the substantive provisions of wills produced by AI. AI-drafted documents tend to rely on standardised templates and predefined logic.
This can result in documents that:
- Contain vague or ambiguous language, which might not achieve your wishes;
- Include or rely on legal “hallucinations” (i.e. law which is incorrectly understood or even fictional law, which does not exist);
- Omit crucial provisions relating to succession, inheritance tax, trusts, or guardianship;
- Fail to recognise or differentiate between the law and execution formalities of different legal jurisdictions or fail apply the correct law to the testator’s circumstances (e.g. the execution requirements of a will are different between Scotland and England).
AI tools are also ill-equipped to interpret complex personal or family circumstances, such as blended families or estranged relationships. In practice, these are precisely the scenarios that require careful structuring and professional legal advice.
The value of professional legal advice
Engaging a lawyer ensures that your will is not only valid, but is also aligned with your broader estate planning objectives. The lawyer’s role is to advise you on the law, and prepare documents which achieve your wishes in your own particular circumstances.
A lawyer can:
- Advise you holistically on the law of succession and how to achieve your wishes;
- Tailor your will to your specific family, financial and personal circumstances;
- Help you to identify personal circumstances which are relevant to the preparation of your will, even when you might not expect them to be;
- Ensure full compliance with Scottish legal formalities;
- Advise on inheritance tax, trusts, guardianship, and charitable bequests;
- Anticipate and mitigate the risk of future disputes; and
- Ensure consistency with related arrangements, such as powers of attorney or letters of wishes.
Lawyers are also regulated professionals who owe their clients a legal duty of care and, practically, can securely store executed wills to prevent loss or tampering. These safeguards simply cannot be replicated by AI tools.
So, can AI legally write your will?
An AI tool can clearly generate a document which looks like a will. However, the effectiveness and validity of such a document depends not on its appearance, but on its compliance with Scots law and the testator’s informed execution of it.
In other words, a will drafted by AI is not a substitute for a professionally drafted will. Relying on an “AI will” is fraught with risk and should be avoided at all costs. The peace of mind provided by tailored legal advice - and the potential complexity, future disputes and financial costs it avoids - far outweighs the apparent convenience of automated drafting.
For further advice on will drafting, succession planning, or any aspect of private client law, please get in touch with our wills and estate planning lawyers.
