AI can be a useful tool for many things, but when it comes to something as important as your Will, getting the right legal advice matters.
You may be able to ask AI to produce a basic will template in seconds. However, that does not mean the document will be suitable for your circumstances, comply with Scots law or achieve what you actually intend.
A Will is a legally important document, and getting it wrong can have consequences for the people you leave behind.
AI makes mistakes
You will see a warning about this every time you use ChatGPT: AI makes mistakes.
When it comes to legal documents, this is particularly important.
AI-generated answers can contain inaccuracies, misunderstand legal terminology or rely on information that is not relevant to your circumstances.
AI does not always reference Scots law
One of the biggest risks of using an online template or asking AI to draft your Will is that the information you receive may be based on the wrong legal system.
Scotland has its own rules governing Wills and Succession. For example, Scottish law recognises certain rights for spouses, civil partners and children which can affect how an estate is distributed, even where a Will says otherwise.
There are also specific requirements around the execution of a will in Scotland. Simply copying a template designed for another jurisdiction could therefore leave you with a document that does not do what you intended.
When making a will in Scotland, it is important that the advice and document are considered in the context of Scots law.
AI only knows what you tell it
Another limitation is that AI can only work with the information you provide.
You might ask it to write a Will and receive a document that looks comprehensive. But has it asked you the questions that a solicitor would?
Your circumstances are unique. You may have property, savings, investments, business interests or other assets that need to be considered. You may have children, a spouse or civil partner, previous relationships, family members with particular needs or wishes about how your estate should be dealt with.
A solicitor can ask the questions you may not have thought to ask yourself and identify issues that an online template or AI tool may not consider.
A Will is about more than deciding who gets what
It can be tempting to think of a Will simply as a list of who should inherit your money and possessions. In reality, making a Will in Scotland is about much more than that.
Your Will should reflect your individual circumstances and wishes while taking account of the legal framework that applies to your estate.
Getting the details right can help reduce uncertainty for your loved ones and make it clearer how you want your estate to be dealt with after your death. Even a seemingly small omission or misunderstanding could have consequences later.
What happens if your Will is not right?
A poorly drafted or unsuitable will can create uncertainty for those left behind. It may lead to questions about what you intended, difficulties administering the estate or disagreements between family members. Where a document has been prepared using information that does not apply in Scotland, there may also be questions about whether it has the intended legal effect.
A professionally drafted Will cannot guarantee that disputes will never arise, but taking proper legal advice can help ensure that your wishes are clearly recorded and that your will is prepared with your circumstances and the relevant Scottish law in mind.
Need to make or update your Will?
If you are considering making a Will, or your circumstances have changed since your existing Will was prepared, speaking to a solicitor can help ensure that your wishes are properly considered and your Will is appropriate for your circumstances.
At Kaur Sutherland Conveyancing Solicitors, our experienced team can provide clear, practical advice on Wills and Estates, tailored to your circumstances and the requirements of Scots law.
Get in touch with Kaur Sutherland today to arrange a consultation.
