In a world that is increasingly developing the use of technology and AI it may be tempting to use ‘DIY’ kits and AI to draft your will. Whilst they are a helpful tool, sometimes used by solicitors themselves, they can never fully replace a qualified solicitor or their expertise, and here are some reasons why:
They may not be executed accurately under the correct jurisdiction
There are specific ways in which a will must be drafted, signed and witnessed and this must adhere with the Requirements of Writing Act (Scotland) Act 1995. Wills which have not been signed in accordance with this act can be invalidated. This may result in expensive and time-consuming court proceedings to have the will recognised. If the will is not recognised, the estate will fall to intestacy, and it may not be distributed in accordance with your wishes.
Furthermore, ambiguous wording can lead to invalid or misleading provisions in your documents, which will make them more difficult to implement. By engaging a solicitor to draft your will, you can be assured that it will be drafted clearly. It will always be drafted in accordance with the current legislation, and any signing procedures will be carried out accurately.
Online tools cannot use personal judgement
DIY kits and AI tools are generic and can only be drafted based on information that is explicitly provided. There is no assessment of issues surrounding modern families and complex family dynamics. This information may not come naturally to a person when thinking about drafting their will. However, when drafting these documents with a solicitor, you will be prompted to answer certain questions which may change how your Will is drafted. Following that you will be provided with advice relating to your personal circumstances and any issues which may be relevant will be explored. This can include but is not limited to blended families, vulnerable beneficiaries and domicile.
DIY kits and AI tools can be a useful way to start thinking about how you wish your estate to be divided and who you would like to appoint as your executor, but it is important that you seek legal advice to ensure that your personal circumstances are considered in order to fully reflect your wishes.
There is greater risk of questions surrounding capacity and undue influence
Solicitors are trained to assess mental capacity and detect undue influence or coercion. Solicitors must follow strict procedures and act diligently to protect vulnerable clients.
When preparing a will using an online DIY kit or AI tools your will can be more open to be challenged after your death. When a person chooses to contest a will, court proceedings will be undertaken, and steps must be taken to prove the will is invalid. A will drafted by a solicitor is less likely to be successfully challenged than a will drafted at home, as a solicitor will be able to confirm the client’s capacity and that there was no undue influence at the time it was signed.
DIY provide generic documents which are not tailored to individual circumstances
When discussing wills and powers of attorney, it is often a useful time to think about future planning in terms of Inheritance Tax. DIY wills and AI tools will usually only provide you with the basic skeleton for a will and will not be able to analyse your individual circumstances and how this may change over time.
A solicitor will be able to advise you on Inheritance Tax implications, coordinate with accountants and financial advisors, and consider robust cost of care planning.
No legal accountability or professional regulation
Solicitors in Scotland are regulated by the Law Society of Scotland and are bound by professional duties and ethics. DIY kits typically do not accept any liability or accountability for any issues which may arise. Once you die or lose your capacity it may not be possible to fix these mistakes and so it is important that your will is drafted correctly in the first place.
While a DIY will or a will drafted by AI may seem like a good way to save money, the potential for complications down the line often makes the use of a professional well worth the investment.
If you are thinking of putting a will in place or have any questions, our Personal Law team would be pleased to hear from you.
DISCLAIMER
The content of this page is for information only. It is not intended to be construed as legal advice and should not be treated as a substitute for specific advice. Gibson Kerr Ltd accepts no responsibility for the content of any third party website to which this webpage refers. Gibson Kerr Ltd is regulated by the Law Society of Scotland.