ChatGPT is not your Will creator: Australians warned AI mistakes could cost families everything

Australians are being warned against using ChatGPT and other AI tools to create Wills, with leading Brisbane solicitor Jennifer Williamson warning the trend is creating a legal disaster waiting to happen.

Jennifer Williamson, Principal and founder of Williamson and Associates, one of Australia's most respected legal firms and will specialists, said she is seeing a concerning rise in people relying on AI-generated documents for one of the most critical legal decisions of their lives, with potentially devastating consequences.

"ChatGPT is not your lawyer and it is absolutely not your Will creator," Williamson said.

"It does not understand your personal circumstances, your family dynamics or the legal requirements in your state. If you rely on it, you are taking a serious risk with your entire estate."

A dangerous shortcut with life-changing consequences

Williamson said the appeal of quick, low-cost solutions is driving more Australians to turn to AI for estate planning, but warned the shortcut could end up costing families tens or even hundreds of thousands of dollars.

"A Will is not just a document, it is a legally binding instruction that must be precise, compliant and tailored to your situation," she said.

"If it is vague, incorrect or improperly executed, it can be challenged or even deemed invalid."

She warned that in these situations, control over the estate can shift away from the individual's wishes entirely.

"You are effectively handing your estate over to the courts to decide and the outcome may be very different from what you intended," she said.

Lawyers already fixing AI mistakes

Williamson said the issue is no longer theoretical, with her firm already correcting Wills created using AI.

"I am already seeing people come in with Wills they have generated using AI tools and we are having to completely redo them," she said.

"In many cases, the documents are vague, inconsistent or simply not legally valid."

She warned that if those Wills had not been reviewed, the consequences could have been severe.

"If those documents had been relied upon without proper legal advice, they would have created significant issues for families," she said.

"We are talking about disputes, delays, unintended beneficiaries and, in some cases, estates not being distributed as the person intended at all."

The rise of DIY Wills powered by AI

Williamson said the increase in AI use is accelerating a long-standing issue of DIY Wills, but with added complexity and risk.

"People assume that because AI sounds confident and intelligent, it must be accurate," she said.

"However, it is generating generic content. It is not applying the law to your specific situation."

She said critical factors such as blended families, superannuation, trusts, business interests and tax implications are often overlooked or incorrectly addressed.

"These are not small details, these are the exact areas where estates are won or lost," she said.

Real risks playing out after death

Williamson said the consequences of poorly drafted or AI-generated Wills often only become apparent after death, when it is too late to fix.

"We are seeing families blindsided when a Will does not hold up legally or fails to reflect the person's true intentions," she said.

"In some cases, assets are distributed incorrectly, in others, disputes arise immediately."

She said these disputes can quickly escalate into lengthy and expensive legal battles.

"By the time it reaches court, legal fees can significantly reduce the value of the estate and the emotional toll on families can be irreversible," she said.

It's not just your Will at risk

Jennifer warned that estate planning goes far beyond simply writing a Will and that many Australians are failing to put the full structure in place.

"A Will is only one part of the puzzle," she said.

"Enduring Powers of Attorney are critical to ensure someone you trust can make financial and legal decisions if you lose capacity."

She said without an EPA in place, families can be forced into complex and costly legal processes just to manage basic affairs.

"In some cases, loved ones may not be able to access bank accounts, make decisions or act when it matters most," she said.

Superannuation is another major blind spot.

"Your super does not automatically form part of your Will," Williamson said.

"If you have not made a valid binding nomination with your super fund, those funds may be distributed at the discretion of the trustee, not according to your wishes."

She said this is one of the most misunderstood and high-risk areas of estate planning.

"People assume everything is covered, but in reality, large portions of their wealth may sit outside their Will entirely," she said.

Blended families at highest risk

Williamson said modern family structures are particularly vulnerable to AI-generated errors.

"With second marriages, stepchildren and complex asset structures, estate planning requires careful, strategic drafting," she said.

"A generic Will simply cannot account for these dynamics."

She warned that without proper planning, unintended beneficiaries including former partners could still have a claim.

"People think their intentions are obvious, but legally, assumptions mean nothing," she said.

A false sense of security

Williamson said one of the most dangerous aspects of using AI is the false confidence it creates.

"People walk away thinking they have ticked the box, that their affairs are in order however, in reality, they may have created a document that will not stand up when it matters most," she said. 

She said this false sense of security can delay proper legal advice until it is too late.

A clear warning: don't risk your legacy

Williamson is urging Australians to take a comprehensive approach to estate planning.

"You need a properly prepared Will, appropriate Enduring Powers of Attorney and clear instructions for your superannuation," she said.

"This is about protecting your family, your assets and your intentions."

Her message is direct.

"Saving a few dollars now by using AI could cost your family everything later," Williamson said.

"A properly structured estate plan is not an expense, it is protection."

About Jennifer Williamson

Jennifer Williamson is the Principal and founder of Williamson and Associates, a Brisbane-based legal practice specialising in Wills, estate planning and Enduring Powers of Attorney. With more than 35 years of experience, she is a member of the Queensland Law Society and a commissioned Notary Public. Based in Rocklea, Brisbane, she works with individuals and families across Queensland to deliver practical, cost-effective and personalised legal solutions.
 

Jlw.com.au