The rise of Artificial Intelligence (AI) over recent years and even months is something very few can fail to see. With many clients now looking to AI to assist them with their legal needs, it’s important to acknowledge key failings in the technology that humans excel at. When it comes to private client work, and assisting clients with such personal matters, you can’t beat the human touch.

It’s important to recognise some key points;

We are all unique

It’s not true to say a Will is a Will is a Will. AI can’t and won’t be able to comprehend and advise on whether even the simplest Will is, in fact, appropriate for any individual. It may achieve what the client thinks the client needs but it’s not likely to consider family disputes, beneficiaries’ circumstances, the issue of duress or the miscomprehension in the family about the legal impact of a prior gift.  Humans can.

Emotions play a part

AI might pretend to understand and empathise with its user, but it doesn’t. AI hasn’t had the benefit of lived experience and hasn’t handled situations when things have gone wrong because fragile family relationships were overlooked. Humans have.

Moral conundrums

Statistically, one move might, nine times out of ten, result in a particular outcome, but a Will needs to take into account both the practicalities of dealing with a situation and how humans will react and feel about it. Will AI be able to ponder whether a decision is fair? Humans will.

Bits and bobs

Does AI understand sentimental value? It may understand the value of your cash, your home or your investments, but often, these are not the items in dispute if inadequate provision is made for them. Does AI understand how a blended family could be broken apart if one seemingly innocuous item doesn’t pass to the appropriate beneficiaries? Does AI recognise the importance of such provisions? Humans do.

Additional concerns

So, you’ve decided you want to prepare a Will with AI. Would AI recognise key failings in your estate planning that also need to be addressed? Would it be able to advise whether your Will is compatible with your property ownership method? Would it think to ask whether you had already prepared a Declaration of Trust relating to property? Would it also consider if you are likely to receive an inheritance in the near future, which could impact your planning? Would it consider whether additional work is needed to make your Will actually work? Humans would.

Accountability

Is AI infallible? Absolutely not. It makes mistakes. Are humans infallible? Absolutely not. Humans make mistakes. But humans are insured, and if mistakes are made, either you or your executors or beneficiaries have recourse to make good what may have gone wrong. Humans have pride in their work and strive not to make mistakes; AI has no such quality inherent in it; it does only what its code will allow. Is AI accountable? No. Humans are.

Eye contact

Using AI is a question of inputting your information and pushing return; the results pop up, and you like to think you have been presented with a well-drafted, effective legal document which you and your family can rely on to effectively manage your estate, but do you really trust it? Can you afford to raise your doubts, and even if you could, who would you ask?

Who can you look in the eye, and who will provide the reassurance you need? Does AI understand the importance of getting it right and doing the right thing for you and your family, and what incentive does AI have to do so? Humans understand.

When creating a Will, a large part of what you are paying for is unique advice tailored around you, reassurance and often years of experience your advisor has under their belt. Given the importance of such documents, the cost of this advice is often a small price to pay for the long-term benefits achieved.

Ultimately, putting a finger on the one reason why AI should not be your first port of call when it comes to important estate planning, such as creating a Will, is easy: AI isn’t human.

That said, while researching for this piece, I presented a popular AI bot with a complex but fairly common family situation involving blended families, gifts and family disputes. The response was:

“Given the potential for disputes, speaking to a solicitor who specialises in wills and estate planning will help ensure your wishes are carried out smoothly.”

Maybe AI is cleverer than I thought?

Our team of specialist humans can help you prepare the best Will for you. Get in touch to find out how.