Think twice before entrusting your will to ChatGPT

Fast, free and no-fuss: using an AI model to draft your will can seem like a smart move. However, such convenience also comes with significant risks.

Summarise reports, create an image of yourself riding a dinosaur or engage in philosophical meanderings. AI appears to have a solution for nearly anything these days. That makes it unsurprising that more and more people are now using generative AI to draft wills and other legal documents. In a recent survey of over 4,000 Americans and Brits, 47% indicated that they would trust an AI model to draft their will (source).

At first glance, this may appear a sensible move. While a notary or financial consultant can charge hundreds of euros to help you with your will, popular AI tools provide the same service for free. Furthermore, ChatGPT, Claude or Le Chat are available day and night, do not require an appointment, and you don't have to leave the comfort of your own home. What's more, where you may be waiting for weeks before the notary has time, an AI tool can generate a will for you in less than a minute.

All the same, you are taking a big risk

Despite the advantages, an AI-generated will is a big risk and can have serious repercussions for your heirs. Here are six reasons you should think twice before using AI to write your will.

1. Too much complexity for AI

Belgian inheritance law is a complicated tangle of laws and regulations that have evolved over decades. Common AI systems, however advanced, cannot fully grasp all the complexities. They lack the sense of nuance and context legal documents require.

For example, there is a system in Belgium whereby certain heirs (children, spouse) are entitled to a minimum portion of an estate. Generic AI tools are often trained on Anglo-American data and may not fully understand this concept.

New laws and changes in existing regulations and jurisprudence can also affect your will and other legal documents. While professional lawyers make sure to stay informed of such developments, that is never a certainty with generic AI systems.

2. Will may be found invalid

Besides being a record of your wishes, a will also has to comply with strict legal requirements. To write your own will in Belgium, for example, it must be handwritten and cannot be created together with a partner. AI may well overlook such nuances, resulting in an invalid document.

3. Blind spots

AI tools cannot assess the unique circumstances applicable to your specific situation. Do you have children from multiple marriages? Do you own any properties abroad? Do you have a family business? Such complexities require tailored solutions that a generic AI model simply isn't capable of providing. You may end up overlooking important details a notary or other expert would have noticed.

4. Lack of guidance

AI is still just a computer, not a human being. A chatbot cannot tell if you are unsure about anything or in a state of heightened emotion when you impulsively decide to ‘get it all sorted’. Your trusty notary or wealth planner, on the other hand, will actively question decisions and present scenarios for your consideration.

5. Privacy and data protection concerns

In order for AI to draw up a will, you often have to share personal and sensitive information such as the names of your heirs, assets, bank accounts, family relationships, etc. What happens to all this information? Is it stored, used for further training of the model or even shared with third parties? Without adequate guarantees, there is no way to know if your privacy is being violated.

6. Missing the bigger picture

Belgium’s tax system is complex and differs from region to region. Not only do Flanders, Wallonia and Brussels each have their own approach, but inheritance tax also depends on the degree of kinship and type of goods involved. AI tools may not always assess such factors correctly, possibly leading to less favourable tax and financial planning.

Why expertise is essential

Legal expertise is about more than knowing all the laws and regulations. It also requires experience, intuition and the ability to analyse complex situations. The services of a notary or wealth planner go further than simply drafting a will. They will analyse your entire situation and provide appropriate advice. A will may not be the best solution in your specific circumstances or you may need to take additional measures, such as making changes to your marriage contract or gift.

Experienced lawyers know how to identify potential sources of conflict and draft a will that prevents disputes among heirs. They know the clearest ways to word your wishes and what could lead to ambiguity. They can also take possible future life changes into account.

When AI makes good sense

These considerations don’t mean technology should never play a role in planning your estate. There are definitely ways you can make intelligent use of AI applications. AI tools can be beneficial in the preparatory stages, for example. They can help to clarify your wishes and provide you with a list of factors you should be considering. Just be careful to treat these tools as a first step, not the final result.

Any plans in place for your will yet?

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