Seeing a lawyer isn’t high on most people’s list of fun activities.
Most people tend to avoid seeing lawyers unless they absolutely have to, so when an alternative presents itself – such as asking AI to ‘take care of things’ instead – the appeal is understandable.
However, if the promise of a quick, cheap and simple option sounds too good to be true, that’s because it is. There is a very real risk that things could go wrong when asking AI to be your lawyer, costing you time and money in the long run.
Take Wills, for example. On the surface, creating a Will seems like a straightforward task that could easily be taken care of by AI – just tell the AI who gets what from your estate when you pass and let it create that into a document.
But like most legal documents, a Will is actually very complex – requiring legal precision, context of all parties, and local requirements – to work effectively. There’s much more to a Will than just popping in who gets the apartment, the farm, a watch or shares (and we won’t even touch crypto assets here). And while AI may give you a document that looks like a real Will, the devil is truly in the detail – detail that a qualified, experienced wills and estate solicitor will strategically manage to achieve your desired outcome.
There’s a very real risk that one error or misunderstanding (parties, their assets and debts, relationships etc.) could unravel your best intentions. Unlike AI, observing and minimising that risk is exactly what solicitors are capable of addressing. Let’s take a look at why this is so important.
Meeting formal requirements
If a Will fails to comply with particular formal requirements, it could be deemed invalid.
When a person dies without a valid Will, they’re considered to have died ‘intestate’, and their Estate will instead be distributed in accordance with the Succession Act 1981 (Qld) rather than their own wishes.
Under the rules of intestacy, an estate must be distributed only to living relatives, with a strict order of eligibility. These rules exclude stepchildren and in-laws, along with any non-relatives such as friends. If no living relatives can be identified, the estate will pass to the government.
A Will might be deemed invalid for any of the following reasons:
- If the Will is not signed and witnessed correctly. The Will must be in writing, whether handwritten or typed, and signed by the testator – the person whose Will it is – along with two witnesses over the age of 18, with all present at the same time to witness the signing. If any of these elements is missing, the Will may be rejected by the Court as non-compliant.
- If the testator is considered to lack the cognitive capacity to make informed decisions at the time that the Will was written.
- If there was undue influence being exerted upon the testator during the process of creating the Will.
Each of these stipulations is a ‘real world’ task that’s beyond the ability of AI to verify. While a solicitor will actively ensure these critical compliance measures are met, AI can only assume they’re being taken care of elsewhere – leaving the Will open to criticism that could lead to your wishes being set aside.
Tailored to your needs
Even if all formal requirements are met and the Will is deemed valid, other significant risks remain.
In order to be effective, a Will must deal with all of a person’s assets correctly. This is more than ensuring that they’re all included. It requires a personalised approach that considers all of a person’s specific circumstances to produce a complete and cogent document. AI is not equipped to account for all of your individual circumstances, as it is not a solicitor with knowledge of both you as a client, and of local requirements they can be sure you’ve met. AI will try to fit your request to a template – and that’s where the speed and simplicity of the resulting document comes from.
A Will created by a solicitor can be relied upon to be thorough and complete, tailored specifically to fit you and the nuance of your situation. More than filling answers into a form, a solicitor will discuss your situation to obtain a complete picture of your circumstances, your wishes and needs, and how these complex pieces fit together.
If a Will fails to include all assets, handles assets incorrectly, or contains contradictory instructions regarding these items, then it could be open to being challenged, or even to partial intestacy – where assets not covered by the Will are instead distributed according to the Succession Act.
Clear and unambiguous
A Will is a document that sits on a shelf until it’s needed – after you die, when you’re no longer around to clarify any ambiguities. That’s why it’s essential that clauses are worded to clearly and effectively convey your intentions, minimising the risk of misinterpretation.
When the meaning is unclear, it’s then left to others to interpret your intentions. This can mean lengthy and expensive battles, often relying on the Courts to decide. AI can create florid language that appears to convey an intended meaning, but it lacks the knowledge and ability to make the clauses sturdy and specific.
A solicitor will ensure that wording is succinct and precise, avoiding any ambiguity when the time comes for the Will to be interpreted and acted upon.
Professionalism and accountability
Solicitors are not only better equipped to create an effective Will, they’re also accountable for their work. Unlike AI, a solicitor has a professional interest in making sure that their work is of the highest quality. A solicitor is also backed by professional indemnity insurance.
If AI produces inferior and ineffective work, you’re on your own.
Proactive support
Ultimately, you can’t get a complex document from simple inputs.
Where AI can only react to the instructions it is presented with, a solicitor will take an active approach to ensure that your Will is effective. They’ll come to know your unique circumstances. They’ll keep you informed of your options and offer guidance. They’ll identify any risks and address them throughout the process.
While using AI to make a Will might save you money or time initially, the cost of cleaning up the mess afterwards can run into the tens of thousands – money that comes out of your estate rather than going to your loved ones.
Is it really worth the risk?
Reaburn Solicitors can assist you with creating a through and effective Will, no matter how complex your circumstances. Contact us today.
