Can I Use ChatGPT to Prepare a Codicil to My Will?

Making a ChatGPT Codicil to my Will

If you are thinking about using ChatGPT or another AI tool to draft a codicil to your Will, it may seem like a quick and inexpensive way to update your wishes. Technically, AI can generate wording for a Will or codicil, but relying on it without professional legal advice can create serious problems for your executors, beneficiaries and estate.

The rise of AI has created an interesting opportunity for people to look into. If the mood takes them, they might prepare documents that would traditionally have been prepared by legal professionals. Rental agreements, affidavits and Wills. If you search the internet or LinkedIn for even a short amount of time you will find many professionals taking issue with this. But why? And is it justified?

What Is a Codicil to a Will?

A codicil is a document which can be used to update or amend a Will, without the need to redo the entire Will. It is often thought of as a quick way to update a Will without the time and expense of redoing a Will.

What Problems Can Arise with DIY/ ChatGPT Codicils?

As a Will Drafter, I would only ever use a codicil for simple changes. An example of this would be an update in address or replacing an executor who has moved out of the country or died. For instance. It would not be appropriate to remove a beneficiary or reduce the amount someone is receiving. This is because a codicil is drafted to say that it is a part of the original Will. When the codicil is signed it is treated as though the original Will has been republished at the date on which the codicil is signed and it confirms that the rest of the Will complies with your wishes.

When executors apply for probate following a death, they are required to supply the original Will and any codicils. Both documents become public documents once probate is granted. This means that it is a public record that someone has been cut out or is receiving less from an estate. This can increase the risk of a claim being made by a disgruntled beneficiary.

What if the Law Changes after I have made my Will?

If the law has changed in between the creation of the Will and the codicil you can accidentally incorporate out of date legislation. This could create legal issues for your executors. However. it would not be an issue if the Will had remained unaltered. As the law it refers to was accurate at the time of signing, but it creates a faulty document when it refers to obsolete legislation at the point of republication.

We recommend that Wills are reviewed every 5 to 10 years. Or if there are any big life changes for you or any of your beneficiaries. It is common for people to want to do a codicil to take these big changes into account. However, without considering that their own circumstances are also likely to have changed in the time since their Will was prepared. As a result, the cost of preparing a codicil, and ensuring that the original Will has also been fully reviewed and remains legally compliant, are equivalent to (if not greater than) the cost of preparing a brand new Will. Due to this, we would usually recommend that a new Will would be a neater solution. This is a key reason why I almost never prepare codicils for my clients: they are rarely less work and carry more risk.

Why Is Using ChatGPT for a Codicil Risky?

AI platforms can be useful when analysing large documents or for preliminary research. However they would not consider the implications of a document from a practical perspective. They could not comment on the compatibility with an older Will unless that document is uploaded. Even then, AI software has been known to pull information from international sources when generating responses (why not when you have the entire internet at your disposal!). This can lead to documents being generated that are not compliant with UK legislation and therefore invalid.

Where the original Will was particularly complex and included trusts. For instance, creating a codicil using AI to update this could lead to a Will which is unclear and legally very complicated. In some cases, where it is unclear to your executors what the legal implications of the codicil are, they will be required to apply to Court for clarification. That would cost a significant amount of money and be stressful for all involved. This kind of expense can however be unavoidable because executors are personally liable for ensuring that estates are correctly administered. So, if there is any uncertainty, they could risk being pursued by a beneficiary who believes they have lost out as a result of the distribution.

How Should I Make a Codicil or a New Will?

I will never recommend that someone prepare a Will or codicil themselves. That includes WH Smith (or TG Jones now!) Will packs – a product they sold of a template and instructions to fill out your own will. Estate disputes are one of the fastest growing areas of litigation. I have seen some very sad cases which involve DIY Wills where someone thought their affairs were straightforward and wanted to save the legal costs of having a solicitor prepare their Will. Needless to say the legal costs of litigation were significantly more and the stress and division that was created could easily have been avoided with proper legal advice.

I would say to use AI to research types of Will, or even trusts, but then use a qualified professional to prepare the documents. They can let you know if the advice you have found is accurate and appropriate in your circumstances. Solicitors are insured and so, in the unlikely event that something does go wrong in drafting your Will, your family have some financial recourse. They certainly do not if you have prepared your Will yourself.

Frequently Asked Questions About Codicils and AI

Can ChatGPT write a legally valid codicil? ChatGPT may be able to produce wording that looks like a codicil. However, it cannot confirm whether the document is appropriate for your Will, your family circumstances or the law of England and Wales.

When is a codicil suitable? A codicil is usually only suitable for a small and straightforward change. This is for changes like updating an executor or correcting a minor detail. More substantial changes are often better dealt with by preparing a new Will.

Why should I use a solicitor for a Will or codicil? A solicitor can review the existing Will. They can identify whether a codicil is safe and appropriate, ensure the document is properly drafted. This will reduce the risk of disputes after death.

Next steps

If you would like advice about updating your Will, preparing a codicil or deciding whether a new Will would be more appropriate. Please contact us on 0333 344 6302 to arrange an initial meeting.

About Blanchards Family Law

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