There’s no doubt that AI has made its way into nearly every part of life, from writing emails to generating dinner recipes. Some people are even turning to tools like ChatGPT to help with legal documents, including their wills.
But just because technology can do something doesn’t always mean it should. When it comes to estate planning, relying on AI can leave you and your loved ones exposed to major risks, many of which might only become obvious when it’s too late.
As friendly as an AI chatbot might seem, it’s no substitute for a real conversation with an experienced Estate Planning professional. Let’s explore why.
Estate planning is personal, not one-size-fits-all
Every family is different. So are their assets, their relationships, and their wishes. Estate Planning is about more than just splitting things evenly; it’s about understanding your full life picture and making sure everything is protected the way you want.
An AI tool, even one as impressive as ChatGPT, simply can’t grasp the full nuance of your situation. It doesn’t know about your family dynamics, your financial structure, or your intentions. It can’t ask follow-up questions. And it certainly can’t guide you through difficult decisions with empathy and clarity.
Without that human insight, it’s far too easy to make assumptions that don’t reflect your true wishes, and that’s when problems arise.
The danger of sounding smart, but being legally wrong
One of the most common issues we see is AI-generated content that sounds convincing, but doesn’t hold up in practice. Just because something reads well doesn’t mean it’s legally correct or enforceable in your state or territory.
We’ve seen examples where people use AI to draft their wills, only to unknowingly:
- Appoint executors who aren’t eligible or suitable
- Include vague or contradictory instructions
- Miss out on including key assets or beneficiaries
- Misunderstand tax implications or government rules
- Use wording that might be challenged in court
These mistakes often aren’t discovered until after someone passes away, when it’s too late to fix them, and your loved ones are left to deal with the confusion (and sometimes, conflict).
Each state and territory in Australia also has strict rules about how wills must be signed and witnessed. AI won’t remind you that your will could be invalid if it isn’t executed properly under your local laws, and that could leave your loved ones facing delays, disputes, or even court proceedings down the line.
AI doesn’t handle complexity well
Even relatively “simple” estates can have hidden complications. For example, blended families, businesses, superannuation, overseas assets, or caring responsibilities all introduce layers that need careful consideration. A human adviser knows the right questions to ask and can flag potential issues before they cause problems.
AI, on the other hand, gives generalised answers based on patterns in data. It doesn’t know which laws apply in your specific situation, and it certainly can’t provide personalised legal advice.
That’s a dangerous mismatch when the stakes are so high.
It can’t offer peace of mind or emotional support
Planning your estate isn’t just about ticking boxes. It’s about feeling confident that your affairs are in order and that your loved ones will be cared for when you’re gone.
That peace of mind comes from having a real person listen to your concerns, explain your options in plain English, and help you make decisions that feel right for you. No chatbot can offer that kind of reassurance or that level of care.
In fact, some have shared that trying to use AI for their wills actually made them more anxious. It’s easy to feel overwhelmed when you’re not sure if you’ve done it properly, or if it will even be valid when the time comes.
Real advice makes all the difference
At APS, we’ve helped hundreds of Australians create wills and estate plans that reflect their values, protect their families, and meet all legal requirements. We take the time to listen, explain, and tailor everything to your specific needs with no inflexible generic templates, no legal jargon, and certainly no guesswork.
Whether you need a simple will or a more complex estate plan, we’re here to support you with genuine expertise and compassion.
If you’ve been thinking about your estate plan, we’d love to hear from you.
Get in touch with our Wills & Estates team.
Written by APS Wills & Estates Principal Lawyer Phillip Lambourne
Phil is a lawyer with over 35 years of experience in private practice and over 25 years of experience in the trusts and estate planning area. As Principal Lawyer with APS Wills & Estates, Phil provides advice and prepares documentation in the areas of Wills, Powers of Attorney, Probate and Estate Administration for clients across Australia. He also provides clients with conveyancing and property law, commercial law and state tax advice services.
When Phil isn’t working, he enjoys spending time with family, reading new books, and watching new shows with some good scotch whisky, red wine and cheese. Phil also enjoys playing trombone in the Melbourne Lawyers Big Band!