AI and Your Will: What Everyone Should Know Before You Click “Generate”

By Manny Sham, Trust and Estate Consultant, Everest Advisory.  Prepared for the Memorial Society of BC

 

More people are turning to AI tools to draft a Will, and it’s easy to understand why. They’re fast, inexpensive, and available any time of day. But when it comes to one of the most important documents you will ever sign, convenience can come at a real cost. Here are a few things worth knowing before you rely on an AI-generated Will.

 

A Will isn’t valid just because it sounds right. In British Columbia, a Will generally must be in writing, signed by you, and witnessed by two people who are present at the same time (Wills, Estates and Succession Act, s. 37). AI tools can produce polished, convincing language, but they don’t walk you through these execution requirements, or flag pitfalls like having a beneficiary act as a witness, which can put that person’s own gift at risk. A document that isn’t properly signed and witnessed may not be a valid Will at all, no matter how well it reads.

 

Generic language doesn’t know your family. AI tools work from general templates. They don’t know if you have a blended family, own property outside BC, hold jointly registered assets, or want to leave something specific to a grandchild. Estate plans that miss these details often create ambiguity, and ambiguity is one of the most common causes of family disputes after a death.

 

It can’t ask the questions a lawyer or notary (save for post-death tax scenarios) would. A good estate professional isn’t just filling in blanks. They ask about your specific circumstances, test whether your wishes are clear and enforceable, and watch for anything that could later be challenged, including concerns about mental capacity or undue influence. These are two of the most common grounds on which a Will is contested, and an AI tool has no way to guard against either.

 

Fixing it later is harder and costlier than doing it right the first time. BC law does allow a court to “cure” certain defects in an improperly executed Will, but that means your family will likely be heading to court, hiring lawyers, and waiting months, or longer, to sort out exactly what a Will is meant to help you avoid.

 

Where AI can genuinely help. AI tools can be a useful starting point. Used the right way, AI can help you think through what you own, who matters to you, and what questions to bring to a professional. The risk isn’t in using them to organize your thoughts. It’s in treating the output as a finished, valid legal document.

 

If you haven’t reviewed your Will with a lawyer or notary in the last few years, or you’re relying on something you generated yourself, it’s worth having that conversation sooner rather than later. It’s one of the simplest ways to make sure your wishes, not a template, are what your loved one will rely on.

 

Manny Sham is a Trust and Estate Consultant with Everest Advisory in Vancouver, supporting executors and families through estate administration across British Columbia. This article is for general education only and is not legal advice. Please consult a qualified lawyer or notary about your own estate plan.