Thinking about an AI will? Think again

Suzie Willis, Senior Estates and Trusts Solicitor at Equity Trustees

An AI-created or self-prepared will might seem like a quick fix — until it isn’t. Senior Estates and Trusts Solicitor Suzie Willis explains why professional estate planning remains essential in an age of automation.

The increasing availability of ‘do-it-yourself’ (DIY) will kits that are marketed as ‘simple forms that anyone can complete in minutes’ creates a misleading impression that making a will is simple. In reality, even modest estates carry significant legal and personal stakes.

Self-prepared or AI-developed wills frequently fail to meet legal standards, leading to disputes, costly delays and outcomes that may not reflect the person’s true intentions.

Such wills often create more problems than they solve. While they may appear deceptively straightforward, many omit critical provisions or fail to address essential legal requirements.

Missing provisions, unclear directions for executors, or failing to give adequate powers can all render a will ineffective and/or trigger costly disputes.

The illusion of simplicity

Estate planning involves a lot more than simply filling in blanks on a form. The law requires precise language and careful structuring that ordinary people without the necessary training often miss. Even the smallest drafting error can have profound consequences.

Courts are frequently asked to interpret ambiguous homemade wills, often at significant emotional and financial cost to families. A self-made or AI-created document that was intended to provide clarity and certainty may instead leave loved ones battling over intentions.

Several contemporary Australian cases highlight the pitfalls of informal or DIY wills:

• In Re Negrean; Borbil v Borbil [2025] QSC 66, an application was made to the Supreme Court of Queensland in relation to the proper construction of a self-drafted will containing vague language, grammatical errors, and inconsistencies. This case presents a good example of how homemade documents may lack the precision of language required to properly reflect a testator’s intention. 
• In Sorati & Anor v Sorati [2025] QSC 14, the same court invalidated a will prepared using a kit on grounds that the testator lacked testamentary capacity. Although the will appeared valid, the court ultimately reverted to the previous will and legal costs depleted the inheritance. 
• In Peek v Wheatley [2025] NSWSC 554, the deceased’s iPhone note titled “Last Will of Colin L Peek” was deemed invalid. This was not due only to its digital format, but because the court was not convinced it reflected definitive testamentary intent that it was intended to be the deceased’s will, as opposed to a simple ‘preparatory step’ in the process. This example illustrates the growing trend of electronic informal wills and the substantial risk that such documents may fail to be accepted by the court. 
• In Selig v Selig [2024] QSC 189, documents titled “My Wishes” and a “Nomination of Beneficiaries Form”, though informally executed, were accepted as the deceased’s will. However, the court had to undertake detailed analysis of intent and execution. 

A will is one of the most personal and important documents you will ever make and sign. DIY services or AI-created wills strip away the vital element of human interaction in the estate planning process and instead, replaces it with cookie-cutter questions and answers.

Professional estate planners provide more than just documents. They help uncover overlooked assets, address family complexities and ensure wishes are expressed with legal precision.

Legal requirements vary around Australia

Each state and territory in Australia has strict rules for how wills must be executed and witnessed.

While many requirements are similar, there are important differences. As shown above, failing to comply can result in a will being declared invalid.

Professional guidance ensures these requirements are met and provides safeguards against challenges based on improper execution.

Technology is reshaping estate planning, but it is not without challenges. Since the COVID-19 pandemic, remote witnessing of wills via audio-visual link has been introduced in Victoria and NSW, with specific rules requiring a “special witness” and a statement of compliance. While this reflects the law adapting to modern realities, it also adds layers of complexity that DIY services rarely capture.

DIY and AI-assisted wills carry additional risks. Documents created without professional oversight often contain ambiguous language, inconsistent provisions, or unclear testamentary intentions.

Resolving these issues in court can be costly and time-consuming, potentially undermining the very purpose of having a will.

The rise of AI-generated wills

In 2018, the ABC reported on an AI service in the Northern Territory that offered to generate wills for a modest fee. 

While innovative, such services raise significant questions: who checks that the client has capacity? How is undue influence assessed? Who ensures the will complies with state-based legal requirements? 

The reality is that regulation has not caught up to the pace of technological change within the AI field, leaving consumers exposed.

Estate planning is not one-size-fits-all. Beyond simple gifts of property, many Australians hold assets in superannuation, family trusts, private companies and businesses. Testamentary trusts and tax-effective structures can add further complexity. These matters cannot be adequately captured by an online form or algorithm.

DIY wills and AI-driven will services may appear attractive, but they are no substitute for professional estate planning services. What seems like a cost-saving action today may, in fact, turn into a legal and financial burden for your loved ones tomorrow.

“A self-made or AI-created document that was intended to provide clarity and certainty may instead leave loved ones battling over intentions.”