DIY wills and AI: Why your clients should think twice

With AI-powered will-drafting tools on the rise, more clients are tempted to take a DIY approach—but the hidden legal and financial risks can be significant. Clare Mackay, Legal Director at SA Law LLP, outlines why professionally drafted wills remain essential and how IFAs can play a crucial role in steering clients toward safer estate planning.

With AI tools becoming increasingly sophisticated and accessible, it’s no surprise that some clients are considering using them to draft their own wills. But while the appeal of saving time and money is strong, the risks of DIY wills are significant. As an independent financial advisor, you’re in a prime position to help clients understand the potential pitfalls and steer them toward safer, more effective estate planning.

The Hidden Dangers of DIY Wills

A will is not just a formality—it’s a legal document that determines how a person’s estate is distributed after death. Errors in drafting or execution can lead to costly disputes, tax inefficiencies, and emotional distress for loved ones. Here are the key risks to highlight in client conversations:

1. Ambiguity and Misinterpretation

Even straightforward wills require precise language. In complex family structures—such as blended families—balancing the interests of a surviving spouse with children from previous relationships demands careful drafting. Vague or poorly worded clauses can lead to confusion, disputes, and unintended outcomes.

2. Revocation Clauses and Cross-Border Assets

Clients with international assets, such as holiday homes, may inadvertently revoke foreign wills.  A poorly drafted revocation clause may also not properly revoke previous English wills, complicating probate and estate administration.

3. Tax Inefficiency

DIY wills often miss opportunities for tax planning. Without professional advice, clients may structure their estates in ways that result in unnecessary inheritance tax liabilities. This can significantly reduce the value of the estate passed on to beneficiaries.

4. Execution Errors

The legal requirements for executing a will are strict: it must be signed by the testator in the presence of two witnesses, who must each sign the will in the testator’s presence.   It is surprisingly easy to get this wrong.    Stapling the pages of a will together or attaching it to another document with a paperclip can lead to the will being queried by the Probate Registry.

5. Storage and Accessibility

A will is only useful if it can be found after death. Solicitors typically store wills securely and many register them with the voluntary National Will Register, making them easier to locate. DIY wills, on the other hand, are often misplaced or never discovered.

6. Challenges to Validity

Disputes often arise when someone feels unfairly excluded from a will. Common grounds for challenge include lack of mental capacity, allegations that the testator did not know or approve the will’s content or that the will was procured as the result of undue influence.   Over the last five years, there has been a 56% rise in the number of caveats entered (which is a protective step taken where a challenge to a will is contemplated).

An experienced solicitor will consider issues such as capacity and undue influence when they take instructions and if they have any concerns, there are steps that can be taken to reduce the risk of future challenges.    Given that the testator can’t give evidence from beyond the grave, a solicitor’s detailed and contemporaneous attendance note is strong evidence and carries a great deal of weight before a judge.  So, a professionally prepared will backed up by a detailed solicitor’s note will be much harder to challenge than a DIY will.

The IFA’s Role in Estate Planning

As an IFA, you’re not just helping clients grow their wealth—you’re helping them protect it. Encouraging clients to seek professional legal advice when drafting a will is a key part of that responsibility. A solicitor will:

• Ensure the will is legally sound and clearly reflects the client’s wishes
• Structure the estate in a tax-efficient manner
• Minimise the risk of disputes and legal challenges
• Provide secure storage and registration options

A Costly Shortcut

The perceived savings of a DIY will are often dwarfed by the financial and emotional costs of getting it wrong. Disputes over wills can lead to expensive litigation, increased tax liabilities, and lasting damage to family relationships. At a time when loved ones are grieving, the last thing they need is a legal battle.  By guiding your clients toward proper estate planning, you help ensure their wishes are honoured, their families are protected, and their wealth is preserved.

By Clare Mackay, Legal Director, SA Law LLP