AI Wills: The Real Cost of "Free" Estate Planning

Estate Planning

Artificial intelligence is changing how we do almost everything, but when it comes to estate planning in Australia, relying on technology can be a dangerous gamble. With the popularity of tools like ChatGPT, more people are trying to create AI wills to save money.

While a free online will might seem like a smart shortcut, it often creates more problems than it solves. A will isn't just a piece of paper; it is the only legal voice you have after you pass away. If you get it wrong, your family could face expensive legal battles, stress, and confusion during a time of grief.

The Hidden Dangers of DIY Wills and AI

Using AI for legal documents appeals to many because it looks fast and cheap. However, AI-generated wills frequently fail to meet strict legal standards. They often contain vague language, miss crucial details, or fail to follow the specific laws of New South Wales.

The biggest issue is that AI estate planning tools don't know what they don't know. An AI chatbot only works with the information you give it. It cannot warn you about legal risks you are unaware of, such as tax implications or how to protect a vulnerable family member. These mistakes often lead to contested wills and delays in probate, costing your loved ones far more than the price of hiring a lawyer in the first place.

AI cannot Judge Mental Capacity or Pressure

To make a valid will, you must have what is called "testamentary capacity." This means you must fully understand what a will is, what assets you own, and how your decisions affect your family.

Artificial intelligence cannot check if you are sound of mind. It cannot see if you are confused, unwell, or suffering from memory loss.

Furthermore, AI cannot detect undue influence. It has no way of knowing if a family member or carer is standing over your shoulder, forcing you to type certain instructions. When you see an estate planning lawyer, we ensure you are acting freely and independently. This protection is missing when you draft a will alone behind a screen.

Complex Families Need More Than a Template

Life is rarely simple. If you have a blended family, stepchildren, or relatives you have lost touch with, your estate plan needs to be carefully structured.

Standard will templates and AI tools struggle with these complexities. They rarely ask the right questions about:

• Stepchildren and inheritance

• Providing for disabled beneficiaries

• Excluding a family member from a will

• Superannuation death benefits

If you have a child with special needs or a strained relationship with a relative, generic wording won't protect your wishes. A lawyer can create a testamentary trust or specific clauses to handle these delicate situations, something an algorithm simply cannot do.

Avoiding Family Provision Claims

In Australia, certain people can challenge your will if they feel they haven't been left enough support. This is known as a family provision claim.

A proper estate plan doesn't just share out your money; it tries to stop fights before they start. Estate planning lawyers know how the courts view these claims and can help you structure your will to minimise the risk of a will dispute.

AI tools do not understand family dynamics or litigation risks. They cannot give you strategic advice on how to protect your estate from being drained by legal fees if a family member decides to contest the will.

Your Assets Might Not Be Where You Think They Are

Many people assume their will covers everything they own. However, assets held in superannuation funds, family trusts, or jointly owned property might not automatically be part of your estate.

AI legal advice cannot review your trust deeds or superannuation policies. It cannot tell you if you need a binding death benefit nomination to ensure your super goes to the right person. Without this advice, significant parts of your wealth might end up with the wrong people, regardless of what your DIY will says.

Precision Matters in Legal Drafting

Legal writing must be exact. A poorly drafted will can be interpreted in many different ways. If the wording is unclear, your executor might have to go to the Supreme Court just to ask a judge what you meant.

This process is incredibly expensive and delays the distribution of assets. While an AI chatbot might sound professional, it often lacks the specific legal precision needed to handle "what if" scenarios. The money you save today could cost your family tens of thousands of dollars later.

Why Professional Advice is Worth the Investment

Estate planning is about control. It is about making sure your hard-earned assets go exactly where you want them to. It is about protecting your partner and children when you are no longer there to help them.

An experienced wills and estates lawyer offers something AI never can: judgment, accountability, and peace of mind. We listen to your story, understand your family's unique needs, and take responsibility for the advice we give.

Before you trust a free will template or an AI bot with your life's work, pause and consider the risks. When it comes to protecting your family, professional legal advice is the best insurance you can buy.

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