Before you ask a bot about your will
Nearly three-quarters of us use artificial intelligence (AI) in our day-to-day lives, so it is hardly surprising that some people are turning to these tools for help with inheritance planning. Asking ChatGPT for dinner ideas, gardening tips or a workout plan can feel revolutionary; but when it comes to your most personal information: finances, family and wishes after death – can AI replace your solicitor? Can it draft you a will?
Confidentiality not guaranteed
Private client matters often involve sensitive information. Inputting this information into a publicly available AI tool may feel harmless, but once confidentiality is compromised, it is not as simple as clicking ‘undo’.
Recent case law has highlighted the risk of uploading confidential information to publicly available AI tools. The Upper Tribunal has made it clear that: “uploading confidential documents into an open‑source AI tool, such as ChatGPT, is to place this information on the internet in the public domain, and thus to breach client confidentiality and waive legal privilege.”(Munir v Secretary of State for the Home Department [2026] UKUT81 (IAC))
This is of particular concern in litigation where parties are under a duty to disclose documents which support or adversely affect their own case or another party’s case. One exception to this rule is correspondence between a solicitor/barrister and their client; this does not have to be disclosed as it is protected by ‘legal advice privilege’. Litigants are free to discuss the strengths and weaknesses of their case with their legal representatives without the other side being entitled to see these discussions. Legal advice privilege depends on the communication remaining confidential; if that confidentiality is lost by, for example, uploading the communication into an open-source AI tool such as ChatGPT, there is a real risk of losing confidentiality and, as a consequence, waiving privilege, meaning that the advice becomes disclosable to the other party. If a barrister has advised that a claimant’s case has a fatal flaw, for example, the loss of privilege over that advice could be incredibly damaging to the claimant’s prospects of success.
The same considerations apply in private client work. Uploading documents such as wills, trusts or letters of wishes, or even including personal details within an AI prompt, could mean that this information is no longer private and its use falls outside of your control.
At Birketts we understand the importance of keeping your personal information confidential and protecting your interests, our solicitors are trusted advisors with years of experience who can help with reviewing, drafting and advising without the risk of compromising your most private information.
Algorithms are not advisers
As society evolves, family arrangements are becoming more complex, requiring expert guidance to secure the best outcomes for blended families, multi‑generational households and vulnerable beneficiaries. At the same time, advisers must navigate the challenges faced by those owning business and agricultural assets, where changing inheritance tax rules demand thoughtful and strategic consideration. Against this extremely complex backdrop, relying on an automated tool to provide advice or produce legal documentation presents significant risk.
AI-generated documents may appear sophisticated; they often use convincing legal language and structure. However, this does not mean that the technology has understood your circumstances, priorities or the wider legal and tax consequences of your decisions.
Wills and trusts are highly technical documents and minor changes in wording can result in unintended outcomes, including:
- increased inheritance tax exposure
- assets passing to unintended beneficiaries
- uncertainty or invalidity in the document
- increased risk of disputes after death.
AI tools may not reliably identify these risks, ask the right follow‑up questions or flag issues that require careful consideration. Solicitors, however, can spot these issues by exercising the level of professional judgment that comes from years of first‑hand experience.
So, why Birketts? We pride ourselves on our Next Level Law approach. We have the knowledge, experience and resources to appreciate the wider context and flag considerations before they become an issue. The skills and service we offer cannot be replaced by AI.
Leave your inheritance planning to the people at Birketts, not Large Language Models (LLMs)
AI may be impressive, but it can be prone to misunderstanding context, making assumptions and, in some cases, “hallucinating” answers that are simply wrong. The output depends heavily on the quality and precision of the prompt. As a non‑lawyer, you may rely on the response without realising its limitations or checking it against professional advice.
Our personalised approach ensures that we take the time to truly understand our clients. By engaging in in-depth conversations, we can draw out the details that matter, something that may seem small or irrelevant may have a significant impact on the advice given.
We are proactive in anticipating our clients’ needs. We understand that legal documents can feel daunting, and we always aim to cut through unnecessary jargon in our advice. Our combination of highly experienced and genuinely empathetic solicitors means that we are perfectly positioned to understand our clients’ needs and provide the best advice. Our access to resources and talent means that we can offer tailored advice and prepare documentation that properly reflects your wishes.
The Birketts view
While AI can appear quick, knowledgeable and helpful to the everyday user, it is not a replacement for a qualified legal adviser who is best placed to protect your interests. We would strongly encourage clients to speak to us before using any AI tools in connection with wills, trusts, estate planning or succession matters. A short conversation at the outset can prevent issues later on.
Top tips
- public AI tools are not confidential and may compromise your private information
- AI cannot replace legal advice or professional judgment
- small drafting errors in wills and trusts can have major consequences
- using AI can increase the risk of disputes after death
- secure, lawyer‑led advice remains the safest way to protect your wishes.
Further reading: STEP Journal: Sense and Sense AI-bility
Key Contacts
Audio versions of this article are autogenerated and occasional errors in interpretation may be made. The content of this article is for general information only. It is not, and should not be taken as, legal advice. If you require any further information in relation to this article, please contact the author in the first instance. Law covered as at June 2026.