It’s only natural to wonder if ChatGPT can help you write your Will, given its quick rise to fame. Sure, it sounds cheap, quick and available at any time, but when it comes to something as important as your Will, that convenience can come at a cost.
Your Will is more than just words on a page, and it needs to meet strict legal requirements in order for it to be valid. ChatGPT can’t bring the same skills, experience and expertise that a lawyer can.
Let’s look at five key reasons why ChatGPT cannot be trusted to write your Will.
1. First and foremost, it isn’t a legal expert.
Our team at Waters Lawyers went through (many!) years of university and training to become the experienced lawyers they are today. And, unfortunately, ChatGPT does not have that level of legal qualification, nor does it know your personal circumstances or have the ability to provide tailored advice. It’s designed to process and generate language, not to practise law.
While ChatGPT can explain what a Will generally includes, it can’t interpret how the law applies to you.
2. It can’t ask the right questions or ensure you meet your moral obligations.
Writing a Will isn’t just writing words into a one-size-fits-all template. At Waters Lawyers, we ask you a detailed set of questions so we can fully understand your unique situation and ensure nothing is missed. This includes looking at any children from previous relationships, analysing different scenarios (such as what happens if one beneficiary passes away before you) and ensuring all your valuables and assets are accounted for.
ChatGPT, on the other hand, can only work with the information you provide. If you haven’t considered all aspects of your life and the legal requirements of your Will, important and necessary details will likely be missed. And, despite popular belief, you have moral obligations to multiple parties to ensure their ongoing safety and wellbeing following your passing (which you can read more about in our blog here). As experienced lawyers, we can advise you appropriately on this, unlike ChatGPT.
3. It can’t be legally-binding.
For a Will to be legally valid, it must meet certain criteria. You must be over the age of 18 (with some exceptions), be of sound mind and you must sign the Will in the presence of two independent witnesses (who also need to sign it).
Although ChatGPT can inform you of these criteria in theory, it can’t ensure you follow them. It can’t witness your signature or check that your witnesses are eligible to even be your witnesses. If any step is missed or done incorrectly, the entire Will could be invalid and your wishes may not be followed through after your death.
4. It can’t advise you on your Estate Plan.
Creating a Will is only one part of the picture, and many people are often surprised to learn that having a Will may not be enough to ensure your wishes are properly carried out.
Estate planning involves preparing for the management and distribution of your assets after your passing (or if you’re unable to do so while you’re alive due to injury or illness). Although an estate plan includes a Will, it also includes other important documents to protect you beyond your Will, which ChatGPT cannot advise on or prepare for you. These include:
- An Enduring Power of Attorney
- A Medical Treatment Decision Maker
- An Advanced Care Directive
- Superannuation and life insurance nominations
- Trusts and tax planning
You can read more about estate planning in our blog here.
5. It misses the personal element and human touch.
At Waters Lawyers, we have decades of experience in creating Wills and are well-versed in your rights and the rights of your potential beneficiaries. Our team are here to guide you through sensitive and often emotional decisions, explain complex options and ensure your wishes are expressed clearly and fairly. We also understand that thinking about your own passing can be an emotional and difficult time. We pride ourselves on our patience, empathy and efficiency to ensure the Will is created thoroughly, but without taking up too much of your time (it’s made in just two appointments).
