Artificial intelligence is rapidly transforming many aspects of our lives, and the legal profession is no exception. Among its many innovations, AI-driven platforms now offer individuals the ability to draft Wills online offering efficiency, affordability, and the comfort of managing one’s affairs from home. Yet, a Will is not merely a procedural document, it is a critical legal instrument that governs the distribution of your estate and safeguards your final wishes.
While AI may efficiently handle straightforward scenarios, it raises an important question: can it truly navigate the complexities of estate planning?
At Solomon Hollett Lawyers, we are increasingly witnessing the costly consequences of AI-generated and online Wills that seemed simple at the time but have created nightmares for families in Western Australia. These situations underscore a critical reality: what appears simple on the surface can mask complex legal pitfalls.
Here is what can—and frequently does—go wrong.
The technical requirements: where AI often falls short
In Western Australia, Section 8 of the Wills Act 1970 (WA) sets out strict formal requirements for a valid Will. These include that the Will must be in writing, signed by the testator (or by another person in the testator’s presence and at their direction), and witnessed by two individuals who are present at the same time.
If these formalities are not met, the Will may still be admitted as an informal Will under Part X of the Wills Act 1970 (WA). Specifically, Section 32 allows the Supreme Court to recognise a document as a valid Will if it is satisfied that the deceased intended it to serve that purpose. In making this determination, the Court may consider factors such as how the document was created, the deceased’s relationship with beneficiaries, and any relevant statements made by the deceased.
While AI platforms generally guide users through the basic steps of Will-making, they often fall short in ensuring compliance with these formal requirements. Common issues we have encountered include:
- Witnesses signing on different days, invalidating the document
- Alterations made after signing
- Use of electronic signatures that do not comply with Western Australian law
Moreover, AI cannot independently verify the testator’s mental capacity or intent—both of which are essential for a Will to be legally valid in Western Australia.
When a Will is found to be invalid, the estate may be distributed according to the rules of intestacy under the Administration Act 1903 (WA). Unless the Court accepts an informal document as a valid Will under the Wills Act 1970 (WA). Although the law permits informal Wills to be recognised, the process is often complex and costly.
The problem of ambiguity
AI platforms work on templates and standardised language. They cannot interpret your family’s unique circumstances or understand the potential ambiguities in the words you choose.
Consider this common scenario: a testator uses an AI platform to draft a Will and writes, “I leave my house to my daughter Sarah.” On the surface, it seems straightforward. But without further detail, this simple statement can lead to serious confusion and costly legal disputes. For example:
- Multiple properties: If you own more than one property at the time of your death, which one did you intend to leave to Sarah?
- Property sold and replaced: If you sold the original house and purchased another, does Sarah inherit the new property or nothing at all?
- Mortgaged property: If the house carries a mortgage, should Sarah inherit it along with the debt, or should the estate pay off the loan first?
- Joint ownership: If the house is jointly owned with a new spouse, did you mean to leave only your share, or the entire property? Can you even give your share to Sarah?
These are critical questions that a skilled estate planning lawyer would ask and address when drafting your Will. A lawyer ensures clarity, avoids ambiguity, and helps prevent future disputes. In contrast, an AI platform may simply record your instruction without probing deeper, leaving your loved ones to interpret your intentions in court.
Missing the complex issues
Estate planning involves far more than simply deciding who inherits what. It requires careful consideration of tax efficiency, safeguarding vulnerable beneficiaries, navigating the complexities of blended families, and planning for future changes in personal or financial circumstances.
AI platforms, while useful for basic tasks, typically lack the ability to identify or address critical issues.
Superannuation and life insurance
Superannuation is a significant asset, yet it often does not automatically form part of your estate. Without a properly executed binding death benefit nomination that aligns with your Will, your superannuation may be paid to unintended recipients regardless of the instructions in your Will.
AI platforms rarely highlight this issue or assist in coordinating the necessary documents, leaving a gap that can lead to costly and unintended outcomes.
Testamentary Trusts
For families with young children, disabled beneficiaries, or substantial assets, testamentary trusts can offer valuable tax advantages and asset protection. Yet most AI platforms are not providing these sophisticated structures, and users are not knowing to ask for them.
Family Provision claims
Family Provision Act 1972 in Western Australia allow certain individuals to contest a Will if they believe they have not received adequate provision from the estate. These claims can result in costly legal disputes and significant delays in the administration of the estate. An experienced estate planning lawyer plays a vital role in identifying potential claims, claimants and assists in structuring your Will to minimise the risk of such challenges.
In contrast, AI platforms typically do not provide guidance on this critical issue, leaving your estate vulnerable to unintended consequences and litigation.
Blended family complications
Second marriages, stepchildren, and former spouses introduce complex dynamics into estate planning. Without professional advice, AI-generated Wills can unintentionally exclude children from previous relationships or leave unclear instructions about who inherits what often leading to confusion and potential disputes.
Business and Trust interests
If you own a business, have interests in trusts, or hold assets within complex structures, relying on an AI platform for your estate planning can be dangerously inadequate. These types of assets demand expert legal advice and drafting to ensure they are managed correctly, transferred according to your wishes, and handled in a tax-efficient manner.
The false economy of AI-generated Wills
While an AI-generated Will may seem like a cost-effective solution upfront often priced around $200. However, the true cost can be far greater if the Will is ambiguous or invalid. The consequences may include:
- Tens of thousands in legal fees to resolve disputes or seek Court interpretation
- Significant delays in administering the estate, sometimes lasting months or even years
- Damaged family relationships due to avoidable conflicts
- Unintended tax burdens that could have been avoided with proper planning
- Assets distributed contrary to the deceased’s intentions
We regularly see estates where the “savings” from using an AI-generated Will have backfired, costing beneficiaries tens of thousands in legal fees, missed tax opportunities, and slashed inheritances. Ambiguity is not just inconvenient—it is expensive.
What AI cannot provide
Beyond the technical and legal limitations, AI platforms simply cannot deliver the depth of expertise and insight that professional estate planning demands.
AI platforms fundamentally can’t provide:
Personalised advice
No two families are the same. An experienced lawyer will ask right questions often ones that you have not considered and tailors your Will to your unique circumstances. AI relies on templates; lawyers rely on understandig
Legal judgment
Estate planning is not just about filling in the blanks. It requires professional judgment about how to structure provisions, choose the right language, and anticipate future scenarios. AI follows algorithms; lawyers apply decades of experience and knowledge of how Western Australian courts interpret Wills.
Proactive problem-solving
A skilled estate planning lawyer does not just document your instructions—they foresee potential issues, resolve them before they arise and structure your estate to avoid disputes.
Peace of mind
There is comfort in knowing your Will has been prepared by someone who understands Western Australian law, has considered your personal situation, and drafted clear, enforceable provisions. That is a level of security no AI platform can match.
The hidden risks of “updates”
In today’s digital age, many AI-driven platforms encourage users to update their Wills themselves whenever circumstances change. While this flexibility may seem empowering, it introduces serious legal risks that are often overlooked.
Updating a Will is not as simple as editing a document online. Without proper legal oversight, DIY amendments can result in:
- Non-compliant codicils: Changes may fail to meet statutory requirements, rendering them invalid
- Version conflicts: Discrepancies between digitally stored drafts and physically signed copies can create confusion and disputes
- Misjudged complexity: Life changes such as marriage, divorce, having children, or acquiring significant assets often require fresh legal advice and a newly drafted Will
Relying on outdated documents or superficial edits may leave your intentions unprotected and your loved ones vulnerable. The result? Costly litigation, unintended distributions, and avoidable stress.
When AI might be suitable—but rarely
To be fair, AI platforms may have a role in legal services. For individuals with extremely simple estates such as a single person with minimal assets, no dependents, and clear, uncomplicated wishes, an AI-generated Will might serve as a temporary solution.
However, even in these cases, the reassurance of having a qualified legal professional review your situation far outweighs the modest savings. Legal advice ensures your Will is not only valid but tailored to your unique circumstances, protecting your legacy and the people you care about.
The Solomon Hollett approach
At Solomon Hollett Lawyers, we understand that cost is an important consideration for many Western Australians. That is why we offer fixed-fee estate planning services providing clarity around pricing while delivering the legal expertise, personalisation, and protection your family deserves.
When you engage us to prepare your Will, you’re not simply receiving a document. You’re investing in a comprehensive service designed to safeguard your legacy. Our approach includes:
- Comprehensive advice tailored to your unique circumstances
- Identification of risks and opportunities you may not have considered
- Strategic planning to minimise tax and protect beneficiaries
- Clear, unambiguous drafting that accurately reflects your intentions
- Proper execution supervised by experienced professionals
- Ongoing relationship to support future updates as your life evolves
The Bottom Line
Your Will is one of the most important legal documents you will ever create. It determines what happens to everything you have worked for, how your loved ones are provided for, and what legacy you leave behind.
While AI has its uses, estate planning is not something to delegate to a template or algorithm. The risks of ambiguity, invalidity, or oversight are simply too great and the consequences for your family too serious.
Do not leave your future to chance. Let our estate planning lawyers help you get sorted today.
