Can AI Draft a Legally Binding Will? Risks You Shouldn’t Ignore

The rise of generative Artificial Intelligence (AI) has made it possible to draft documents faster and cheaper than ever before. For something as crucial as a Will—the legal document that secures your legacy and protects your loved ones—the temptation to use a free or low-cost AI tool can be strong.

At KhanMather, we believe in embracing technology, but we must also issue a serious warning: AI cannot replace the expertise of a qualified solicitor when drafting a legally sound, complex Will in the UK.

While an AI can certainly generate a document that looks like a Will, the consequences of relying on technology for this vital legal step are often devastating, expensive, and irreversible.

The Fatal Flaws: Where AI Fails the Test

For a Will to be legally valid in England and Wales, it must meet stringent requirements laid out in the Wills Act 1837. AI fails to provide a safeguard against critical errors in three main areas:

  1. The Execution and Formalities Trap

A Will is not valid simply because it is written down. It must be executed correctly:

  • It must be signed by the Testator (the person making the Will).
  • The signature must be made or acknowledged in the presence of two witnesses present at the same time.
  • Each witness must then sign the Will in the Testator’s presence.
  • Crucially, a witness (or their spouse/civil partner) cannot be a beneficiary of the Will.

AI has no way to monitor or enforce these physical, procedural requirements. An incorrectly witnessed Will—even one drafted with perfect legal language—is invalid. An error here can lead to the entire estate being distributed under the intestacy rules, completely overriding the Testator’s wishes.

  1. Lack of Personalised Advice and Context

AI is excellent at pattern recognition but terrible at human nuance. A solicitor’s role is not just to type a document; it is to provide advice based on your unique circumstances:

  • Complex Families: Blended families, estranged children, or dependents with special needs require bespoke clauses, protective trusts, or letters of wishes that a template-driven AI is likely to miss.
  • Tax Planning: AI cannot offer tailored, up-to-date advice on Inheritance Tax (IHT) mitigation, the use of transferable nil-rate bands, or other sophisticated tax planning strategies that can save your beneficiaries tens or even hundreds of thousands of pounds.
  • Overseas Assets and Business Interests: If you own property abroad or hold complex business assets, the Will requires specialist, jurisdictional advice that a generic AI cannot provide.

You don’t know what you don’t know. A solicitor will ask the critical, probing questions that you might never have considered.

  1. Ambiguity and “Hallucinations”

AI-generated text is prone to “hallucinations”—confidently asserting information that is incorrect—or simply using ambiguous language. In a Will, even minor ambiguity can lead to:

  • Costly Disputes: Unclear wording often forces beneficiaries to seek court interpretation, leading to protracted, expensive legal battles that drain the estate and cause family conflict.
  • Unintended Consequences: Vague terms can inadvertently create a different legal outcome than intended, potentially causing certain assets to be distributed in a non-tax-efficient way or to unintended recipients.

The True Cost of a DIY or AI Will

While the upfront cost of an AI tool may seem appealingly low, the eventual financial and emotional cost of an invalid or flawed Will is almost always exponentially higher:

Initial Cost Potential Future Cost
Low or Zero Litigation to resolve disputes: Tens of Thousands of Pounds
Zero Accountability Unplanned Inheritance Tax Liability: 40% of the estate above the threshold
No Personal Advice Estate distributed under Intestacy Rules, ignoring your partner or wishes
No Professional Recourse No professional indemnity insurance or SRA regulation to protect you from an error

Protect Your Legacy with Professional Expertise

Making a Will is one of the most important legal acts you will ever undertake. It is an investment in your family’s future security and peace of mind.

At KhanMather, our solicitors combine deep legal expertise with a compassionate understanding of your personal situation. We ensure your Will is not only legally watertight but also perfectly tailored to your family structure and financial goals, protecting your assets from unnecessary tax and potential challenges.

Don’t let a fast, cheap AI gamble with your legacy. Contact Georgina Hardman at at KhanMather on 0161 850 9911 today for advice you can truly trust.

Your First Will: Everything You Need to Know

By Georgina Hardman | Wills & Probate Solicitor, KhanMather

Stepping into a solicitor’s office to discuss your will for the very first time can feel like a big, perhaps even slightly daunting, step. At KhanMather, I’m here to tell you it’s actually a fantastic, proactive step that gives you complete control over your future.

As a Wills and Probate Solicitor, I’ve guided countless clients through this process. Whether you’ve just bought your first home, welcomed a new baby, or simply realised that now is the time to get your affairs in order, making that first will is easier than you think.

Here is my guide to everything you need to know about making your first will in the UK.

Why Do I Need a Will? The ‘Intestacy Trap’

Many people assume their assets will automatically pass to their spouse or children. Unfortunately, that’s not always the case. Without a legally valid will, your estate (your money, property, and possessions) is distributed according to the Rules of Intestacy.

These rules are strict, inflexible, and often lead to outcomes you would never have chosen. For example:

  • Unmarried Partners: If you are cohabiting but not married or in a civil partnership, your partner will receive nothing under the Rules of Intestacy.
  • Minor Children: Intestacy can make managing funds for minor children much more complex and can lead to financial burdens for surviving relatives.
  • Inheritance Tax: A poorly structured estate can unnecessarily increase the amount of Inheritance Tax payable.

The simple truth is: if you don’t have a will, the law decides who gets what. A will ensures you decide.

The Key Decisions: What Goes Into Your Will?

When you meet with me, we will discuss the following critical elements:

  1. Executors

Your Executors are the people you choose to administer your estate after your death. They are responsible for valuing your assets, paying any debts and taxes (including Inheritance Tax), and distributing the estate according to your wishes.

  • My Advice: Choose reliable people you trust. It is common to name two executors, perhaps family members or friends.
  1. Guardians (Crucial for Parents!)

If you have children under the age of 18, your will is the only place you can legally nominate who you wish to appoint as their Guardian. This is arguably the most important decision for parents, ensuring your children are cared for by people you trust if the worst should happen.

  1. Specific Gifts (Legacies)

Do you want to leave a specific item (like a piece of jewellery, art, or a car) or a set amount of cash to a particular person or charity? These are known as specific legacies.

  1. The Residue

The ‘residue’ is what is left of your estate after all debts, taxes, and specific gifts have been paid. You need to clearly state who receives this residue. This is usually where the bulk of the estate is distributed, typically to a spouse, children, or other close family members.

Why Use a Solicitor and Not a DIY Will Kit?

While it might seem tempting to use a cheap, off-the-shelf will kit, I strongly advise against it for your first will. A minor technical error can invalidate the entire document.

Common issues with DIY wills include:

  • Improper Signing and Witnessing: UK law has very specific requirements. Failure to adhere to them makes the will worthless.
  • Ambiguous Wording: Vague language can lead to expensive legal disputes between beneficiaries.
  • Missing Important Clauses: DIY kits often fail to include essential clauses relating to tax efficiency or what happens if a beneficiary dies before you.

Using a KhanMather solicitor guarantees your will is legally valid, accurately reflects your wishes, and is as tax-efficient as possible.

Next Steps: Preparing for Your Appointment

To make your meeting with me as productive as possible, it helps to think about the following points beforehand:

  1. Who will be your Executors? (Full names and addresses)
  2. Who will be the Guardians for your minor children?
  3. A list of your assets: Property, bank accounts, investments, pensions, and insurance policies. (We don’t need exact figures, just an overview).
  4. Who are your beneficiaries? (Who do you want to leave your estate to?)

Making your first will is an act of responsibility and love for your family. It provides peace of mind that your loved ones will be taken care of exactly as you intend.

If you’re ready to take this important step, please contact the KhanMather team today to arrange a confidential discussion with me, Georgina Hardman, about drafting your first will.

Protect your future. Protect your family.

Why a ‘DIY’ Will Might Cost Your Family More in the Long Run

Thinking about writing your own will to save a few quid? The temptation is understandable. With online templates and stationery shop kits readily available, it can seem like a quick and easy way to tick a vital task off your list.

However, at KhanMather Solicitors, we often see the unintended consequences of ‘DIY’ wills. While they might seem like a thrifty solution now, they can create significant legal and financial problems for your family down the line. In many cases, the supposed savings are dwarfed by the legal fees and stress incurred by your loved ones trying to sort out an invalid or poorly drafted will.

Here’s why that ‘do-it-yourself’ approach could end up costing your family more.

  1. The Risk of Invalidity

For a will to be legally binding in England and Wales, it must adhere to strict rules set out in the Wills Act 1837. These include:

  • It must be in writing.
  • It must be signed by the testator (the person making the will).
  • The signature must be made or acknowledged in the presence of two witnesses.
  • The two witnesses must also sign the will in the presence of the testator.

Simple, right? But small mistakes can render a will completely invalid. We’ve seen cases where a signature wasn’t in the right place, a witness was also a beneficiary (which invalidates their gift), or the will wasn’t dated correctly. If your will is invalid, your estate will be treated as if you died without one, leading to it being distributed under the rules of intestacy, which may not be what you wanted at all.

  1. Ambiguity and Misinterpretation

One of the most common issues with ‘DIY’ wills is a lack of clarity. A solicitor uses precise legal language to ensure your wishes are clear and unambiguous. A home-written will might use vague phrases like “my family home” or “my personal belongings,” which can lead to disputes.

What constitutes a “family home”?

Does that include the garage, the garden shed, or even the land it sits on?

Who exactly is included in “my family”?

These ambiguities can spark heated arguments between loved ones, potentially leading to costly legal battles to interpret your true intentions.

  1. Failing to Account for All Assets

A professionally drafted will from a firm like KhanMather goes beyond just your house and savings. We work with you to create a comprehensive picture of your estate, including:

  • Bank accounts and investments
  • Pensions and life insurance policies
  • Overseas property
  • Digital assets (online accounts, cryptocurrency, etc.)
  • Personal possessions with sentimental or high value

A ‘DIY’ will might miss a key asset, or fail to correctly transfer it, leaving part of your estate to be distributed by intestacy rules—a scenario that can cause immense frustration and financial loss for your family.

  1. Inheritance Tax and Financial Planning

Inheritance Tax (IHT) is a complex area of law. A solicitor can advise on potential tax liabilities and help structure your will in a way that minimises the amount of tax your estate has to pay. This could involve using trusts, making specific gifts to charities, or taking advantage of various reliefs and exemptions.

A ‘DIY’ will is unlikely to take these complex tax planning opportunities into account, potentially resulting in a much larger tax bill that reduces the inheritance your loved ones receive. The money saved on a solicitor’s fee could be a drop in the ocean compared to the additional tax your family ends up paying.

  1. Your Family’s Emotional Well-being

Perhaps the most significant cost of a ‘DIY’ will is the emotional toll it can take on your family. The grieving process is difficult enough without the added stress of trying to navigate a legal minefield. Disagreements over an unclear will can cause irreparable rifts between siblings and other family members.

A professionally drafted will gives you and your family peace of mind. It’s a final act of care that ensures your wishes are respected, your loved ones are provided for, and the administration of your estate is as smooth and straightforward as possible.

While the upfront cost of a solicitor might seem like an expense, it is an investment in your family’s future. It ensures that your estate is handled correctly, your wishes are followed, and your family is protected from unnecessary legal and emotional turmoil.

If you are considering making or updating your will, please contact Georgina at KhanMather Solicitors on 0161 850 9911 today for a confidential, no-obligation discussion. We are here to help.

 

A Breath of Fresh Air for Your Legacy: The Law Commission’s Modernising Wills Report Explained

At Khan Mather, we believe that preparing for the future should be a straightforward and reassuring process. That’s why we’re keenly following the Law Commission’s recently published “Modernising Wills Report”, a significant step towards bringing wills law into the 21st century. This comprehensive review, culminating in a final report on 16th May 2025, proposes crucial reforms to the Wills Act 1837 – a piece of legislation that has remained largely unchanged for over 180 years.

So, what does this mean for you and your estate planning? Let’s break down the key recommendations:

  1. Embracing the Digital Age: Electronic Wills

One of the most anticipated and impactful recommendations is the groundwork laid for electronic wills. While not immediately becoming legal, the report proposes empowering the government to introduce them in the future, once robust safeguards are in place. This would allow wills to be created, signed, and stored digitally, moving away from the traditional paper-based system.

What this means for you:

This could offer greater flexibility and convenience, especially for those with digital assets, mobility issues, or who travel frequently. However, the emphasis on robust systems for authenticity, security, and protection against undue influence is paramount, and we at Khan Mather will ensure we are at the forefront of understanding and implementing any future changes.

  1. A More Flexible Approach: Dispensing Power for Imperfect Wills

The current law is notoriously strict when it comes to the formalities of making a valid will. Even minor errors can lead to a will being deemed invalid, often frustrating a testator’s clear intentions. The Law Commission recommends granting the courts a dispensing power. This would allow judges to uphold a will even if it doesn’t meet all the formal requirements, provided they are satisfied that it clearly represents the deceased’s genuine testamentary intentions at the time of their death.

What this means for you:

This is a welcome change that aims to prevent unintended intestacy (dying without a valid will) due to technicalities. It could open the door for informal notes, voice recordings, or even video messages to be considered if they clearly express a person’s wishes. While this offers more flexibility, it also highlights the continued importance of clear and unambiguous expression of your intentions, and professional legal advice remains crucial to minimise potential disputes.

  1. Lowering the Age for Making a Will: 16 and Beyond

Currently, you must be 18 to make a valid will. The report suggests lowering this age to 16 years old. This aligns the ability to make a will with other legal responsibilities that individuals can undertake at this age, such as marrying. The court could also be given the power to authorise a will for a child under 16 in specific circumstances.

What this means for you:

This recognises the increasing financial independence of young people and allows them to plan for their assets, especially in situations where they may have complex family circumstances or face serious illness.

  1. Ending the “Predatory Marriage” Trap: No Automatic Revocation on Marriage

Under current law, getting married or entering a civil partnership automatically revokes any existing will, unless the will was made in contemplation of that specific marriage. This rule often catches people unawares and can lead to unintended consequences, sometimes even facilitating “predatory marriages” where vulnerable individuals are married for financial gain, with their previous will being invalidated.

The Law Commission recommends abolishing this automatic revocation rule.

What this means for you

This is a crucial safeguard, protecting vulnerable individuals and ensuring that a person’s carefully considered testamentary wishes are not inadvertently cancelled by marriage. While beneficial, it does mean that if you wish your will to change upon marriage, you will need to specifically update it.

  1. A Unified Approach to Mental Capacity and Undue Influence

The report proposes aligning the test for testamentary capacity with the more modern framework of the Mental Capacity Act 2005, providing greater consistency across different areas of law. Furthermore, it recommends a statutory doctrine for undue influence, allowing courts to infer undue influence where there are reasonable grounds to suspect it, offering better protection for vulnerable testators.

What this means for you:

These recommendations aim to provide clearer guidance and stronger protections against manipulation and coercion when a will is being made.

What Happens Next?

The Law Commission has published its final report and a draft Bill for a new Wills Act. It is now up to the Government to consider these recommendations and decide whether to introduce legislation. While there’s no immediate change to the current law, these proposals signal a significant shift in how wills may be viewed and created in the future.

Our Advice at Khan Mather

Until any new legislation is formally enacted, it is vital to continue to make and execute your will in accordance with the existing Wills Act 1837. This ensures your wishes are legally binding and minimises the risk of disputes.

The proposed reforms highlight the importance of regularly reviewing your will to ensure it reflects your current wishes and circumstances. Whether you’re considering making a new will, updating an existing one, or simply want to understand how these potential changes might affect your legacy, the Private Client and Wills team at Khan Mather is here to help.

Telephone Georgina on 0161 850 9911 for expert, tailored advice and peace of mind for your future.

 

Probate Waiting Times Halved in 2025: What This Means for You

In a significant development for bereaved families, HM Courts and Tribunals Service (HMCTS) has successfully reduced average probate waiting times from twelve weeks at the end of 2023 to just over four weeks by December 2024. This improvement is part of the government’s initiative to address backlogs exacerbated by the COVID-19 pandemic .

Key Improvements:

  • Digital Applications: Approximately 80% of probate applications are now processed online, with digital applications averaging just over two weeks to complete.
  • Efficient Processing: For applicants who submit documents without issues, probate is granted in less than a week on average.
  • Staff Training: Additional staff have been trained as part of the government’s Plan for Change to restore public services .

 

At Khan Mather Solicitors, we welcome these advancements, which aim to ease the burden on individuals navigating the probate process during challenging times. Our team remains committed to providing expert guidance to ensure a smooth and efficient experience for our clients.

If you have any questions regarding Probate, please do not hesitate to contact Hannah on 0161 850 9911.

Why Every Adult Needs a Will

A will is a legal document that outlines how you want your assets to be distributed after you die. It is important to have a will because it allows you to control what happens to your property and who inherits it. Without a will, your assets will be distributed according to state law, which may not be in accordance with your wishes.

Here are some of the benefits of having a will:

• You can control who inherits your property. This is the most important benefit of having a will. You can choose who you want to inherit your property, rather than having it distributed according to state law.
• You can choose who you want to be your guardian. If you have minor children, you can choose who you want to be their guardian in your will. This will ensure that your children are taken care of by someone you trust.
• You can choose who you want to be your executor. Your executor is the person who is responsible for carrying out the terms of your will. You can choose someone you trust to be your executor.
• You can make charitable donations. If you want to make charitable donations in your will, you can do so. This is a great way to give back to your community.
• You can avoid probate. Probate is the legal process of distributing a deceased person’s estate. If you have a will, you can avoid probate, which can be a lengthy and expensive process.

Here are some of the things you should consider when making your will:

• Who are your beneficiaries? Your beneficiaries are the people who will inherit your property. You should make a list of your beneficiaries and the percentage of your estate you want to leave to each person.
• Who is your executor? Your executor is the person who will be responsible for carrying out the terms of your will. You should choose someone you trust to be your executor.
• What are your assets? You should make a list of all of your assets, including real estate, bank accounts, investments, and personal property.
• What are your debts? You should make a list of all of your debts, including mortgages, credit cards, and other loans.
• What are your funeral wishes? You should let your executor know your funeral wishes.

It is important to have your will reviewed by an attorney to ensure that it is legally valid. An attorney can also help you to make sure that your will reflects your wishes.

If you do not have a will, you should make one as soon as possible. Having a will is one of the most important things you can do to protect your loved ones.

KhanMather is a law firm that can help you with all of your estate planning needs. We can draft a will for you, and we can also help you with other estate planning matters, such as creating a trust or power of attorney.

In addition to the benefits listed above, having a will can also help to:

• Reduce family conflict. When someone dies without a will, their family may argue over who should inherit their property. A will can help to avoid these types of conflicts.
• Protect your minor children. If you have minor children, a will can help to ensure that they are taken care of by someone you trust.
• Provide for your pets. If you have pets, you can include provisions in your will for their care.
• Support your favourite charities. If you want to support your favourite charities, you can include provisions in your will for them.

Having a will is an important part of estate planning. It is a document that can help to ensure that your wishes are carried out after you die.

If you would like to know more, please telephone Hannah on 0161 850 9911 today.