The Rise of AI and Online Wills

Online Will platforms and artificial intelligence (“AI”) tools now promise fast, low‑cost solutions that can generate a Will in minutes.

At first glance, the attraction is obvious. These tools are easy to access, relatively inexpensive, and avoid what many people see as the hassle of engaging a lawyer. Everyone thinks it is “very simple”. For some, that feels like progress.

A Will is not a consumer product. It is a legal document that only has one chance to work correctly. The intentions and hopes of the person who drafted it can only be distilled from that document. When you look at online and AI‑generated Wills through that lens, the risks become harder to ignore.

The “One‑Size‑Fits‑All” Problem

Most online Will platforms and AI tools rely on fixed templates and limited questionnaires. That creates immediate issues:

• They assume family arrangements are straightforward.
• They do not probe for nuance.
• They rely on users knowing what information is legally important.

In New Zealand, estates are often anything but simple. Blended families, de facto relationships, trusts, overseas assets, and relationship property claims are common. AI cannot identify issues that have not been disclosed – and many people simply do not know what they should be disclosing in the first place.

The result is rarely just a “basic” Will. More often, it is a Will that does not match the real needs of the client.

Getting the Formalities Wrong

For a Will to be valid in New Zealand, strict legal requirements must be met. It must be in writing, signed by the Will‑maker, and witnessed by two independent witnesses who are present at the same time. Online platforms can produce a document – but they cannot ensure it is executed correctly. They do not supervise signing, check who the witnesses are, or confirm that signing is completed in accordance with the law of the country in which the Will is being signed. They also cannot ensure that it is stored correctly, is not lost or altered or marked in any way.

If those steps are not followed properly, the Will may be invalid. That often is not discovered until after a person has died, when it is too late to fix. In some cases, the estate ends up being distributed under the intestacy rules instead, which is plainly not what the deceased intended.

Drafting Errors and Ambiguity

AI‑generated documents often look polished. That does not mean they are legally sound. Common issues include unclear wording, inconsistent clauses, incorrect use of legal terms, and failure to account for future events. In a Will, even small ambiguities can cause big problems: competing interpretations, disputes between beneficiaries, delays, and higher administration costs.

AI does not understand the legal effect of what it is generating. It is reliant on a prompt which in itself may be incorrect or misleading.

No Legal Judgment or Risk Assessment

Good estate planning is about far more than drafting words on a page. It involves identifying risks and planning around them.

That includes assessing the likelihood of Family Protection Act claims, relationship property disputes, or challenges from disappointed beneficiaries. It also means considering how assets are structured, whether trusts still work as intended, and how the plan will hold up if circumstances change. AI cannot do this. It does not give advice, challenge assumptions, or warn you when something may unravel later.

A solid estate plan can culminate in very straightforward and simple drafting. The best estate plans often work out this way, but after comprehensive review and discussion about the circumstances for that client and their wider family.

Jurisdiction Matters — and AI Often Gets It Wrong

AI tools are not inherently New  Zealand‑specific. We are already seeing Wills that use the wrong language, apply foreign law, or fail to deal properly with trusts and relationship property under New  Zealand law. For clients with offshore assets or international connections, those risks increase significantly.

No Accountability if Something Goes Wrong

When a lawyer prepares a Will, there is professional accountability. Advice is documented, and indemnity insurance sits behind the work. Many online and AI platforms are unregulated. Their terms of use often exclude liability altogether. If the Will fails, there is usually no recourse.

Further, there is a risk in terms of undue influence, or capacity issues. This may arise where family members assist with the drafting of a Will. AI cannot confirm if the Will-maker is mentally capable or is signing free of coercion. Having not had independence and proper process followed by a legal advisor, even a Will which appears to be valid on its face can be challenged.

The emotional and financial cost falls on those left behind.

Privacy and Data Concerns

Preparing a Will requires disclosing deeply personal information: assets, family relationships, health issues, even questions of capacity.

Using AI platforms often means uploading that information to third‑party systems. There is a real risk of data being stored, shared, or mishandled in ways the user does not fully understand – a particular concern in an area of law built on confidentiality.

The False Economy

Online Wills reduce upfront cost, but saving money at the start can be misleading. Errors and ambiguity increase the risk of disputes and the cost of administering an estate.

Where AI Does Add Value

Used properly, AI can be helpful in estate planning. We are seeing clients who are more educated and come to us with some information or thoughts regarding their estate planning. Alongside legal judgment and tailored advice (as well as accountability), clients can be reassured that they have a plan and documents in place which will endure and give best effect to their intentions.

Technology can support the process – but it should not replace professional oversight. For most people, particularly where there is any complexity at all, the prudent approach remains the same: use technology thoughtfully, but ensure your Will is properly drafted, reviewed, and executed with specialist legal advice.