AI can draft a Will in seconds. But can it get it right?

As artificial intelligence becomes more sophisticated, many people are exploring whether AI tools can help with legal tasks, including writing a Will. While the technology offers speed and convenience, it cannot replace the careful consideration and legal expertise often needed to ensure a Will accurately reflects someone's intentions.

Research from the National Wills Report 2026 suggests that more than half of adults would be comfortable with AI assisting in the Will-making process, although many still favour professional oversight.

The real question is what happens when an AI-generated Will contains mistakes, ambiguous wording or provisions that fail to achieve what the testator intended. As AI use grows, these issues could become a significant source of future inheritance and probate disputes.

Can an AI drafted Will be legally valid?

In England and Wales, there is no requirement for a Will to be prepared by a solicitor.

A Will drafted using AI can therefore be legally valid, provided it meets the requirements of the Wills Act 1837, including being properly signed and witnessed.

However, meeting these formal requirements does not necessarily mean that a Will is immune from challenge.

The person making the Will, known as the testator, must also have the necessary mental capacity and know and approve its contents.

This is where difficulties may arise with AI generated documents.

Could an AI drafted Will be challenged for lack of knowledge and approval?

One potential ground for challenging an AI drafted Will is lack of knowledge and approval.

This concerns whether the testator genuinely understood and approved the contents of the Will they signed.

AI tools can produce documents containing complicated legal terminology and provisions that may appear correct but have consequences the person using them does not fully appreciate.

For example, someone might ask AI to prepare a Will leaving their estate equally between their children. However, the resulting document could contain additional provisions or conditions that change how those assets are ultimately distributed.

If the testator signed the Will without properly understanding those provisions, questions could arise about whether the document genuinely reflected their wishes.

The Court of Appeal considered the importance of knowledge and approval in Gill v Woodall [2010] EWCA Civ 1430, confirming that where suspicious circumstances arise, those seeking to uphold a Will may need to provide sufficient evidence that the testator knew and approved its contents.

Although using AI would not itself establish suspicious circumstances, the absence of professional advice or evidence explaining how the Will was prepared could make certain disputes more difficult to resolve.

What happens if AI makes a mistake in a Will?

Another potential issue is where an AI generated Will contains mistakes or wording that does not accurately reflect the testator's intentions.

Under section 20 of the Administration of Justice Act 1982, the Court has the power to rectify a Will where it fails to carry out the testator's intentions because of a clerical error or a failure to understand their instructions.

Rectification allows the Court to correct the Will in qualifying circumstances rather than declaring the entire document invalid.

The Supreme Court considered this power in Marley v Rawlings [2014] UKSC 2, where a couple had mistakenly signed each other's Wills. The Court adopted a broader interpretation of what could amount to a clerical error and permitted rectification.

AI generated Wills could raise similar questions where incorrect wording, missing provisions or drafting mistakes produce an unintended outcome.

However, rectification is not available simply because a Will has an unexpected or undesirable effect. The Court must be satisfied that the statutory requirements are met and that the testator's actual intentions can be established.

Whether an error made during AI drafting would qualify will depend on the particular circumstances.

What if the wording of an AI drafted Will is unclear?

Not every problem with a Will requires it to be challenged or corrected.

Sometimes the issue is simply that a clause is ambiguous or difficult to interpret.

Under section 21 of the Administration of Justice Act 1982, the Court may consider evidence outside the Will, including evidence of the testator's intentions, where the relevant wording is meaningless or ambiguous.

For example, an AI generated Will might describe a gift in a way that leaves uncertainty about which property or beneficiary was intended.

In such circumstances, the Court may be asked to interpret the wording to determine how the estate should be distributed.

Where the meaning cannot be established, there is a risk that the intended gift could fail.

Why could AI generated Wills lead to more disputes?

One of the benefits of using a solicitor to prepare a Will is the opportunity to discuss the testator's wishes, identify potential difficulties and ensure that the document accurately reflects their intentions.

Solicitors will also generally retain records of the instructions received, advice provided and discussions surrounding the Will's preparation.

These records can become particularly important if the Will is challenged after the testator has died.

Where a Will has been prepared entirely through AI, there may be limited evidence explaining why certain provisions were included or whether the testator understood their effect.

Although saved AI conversations, earlier drafts and correspondence may provide useful evidence, they may not always resolve disputes about what the deceased actually intended.

As AI becomes more widely used in Will drafting, these evidential difficulties could become increasingly relevant to contentious probate proceedings.

The importance of getting a Will right

AI has the potential to assist with Will preparation, but it is not a substitute for ensuring that a Will is legally effective and accurately records the testator's wishes.

A document which appears straightforward during someone's lifetime can create considerable uncertainty after their death, particularly where family members disagree about its meaning or intended effect.

Ultimately, the increased use of AI may introduce new circumstances in which established legal challenges, including lack of knowledge and approval, rectification and disputes over interpretation, need to be considered.

Obtaining appropriate legal advice when preparing a Will can help reduce the risk of costly disputes and provide greater certainty for those left behind.

Find out how Switalskis can help you

If you have concerns about the validity of a Will, believe it does not accurately reflect the deceased's intentions or are involved in a dispute over its interpretation, our contentious probate team can advise you on your position and the options available.

Give our specialist contentious probate team a call on 0800 138 0458 or send us a message through our website to get things moving.