ChatGPT and Estate Planning: User Beware
Whilst ChatGPT, or similar products, can be useful in certain situations, it is not a tool to be used when it comes to your estate planning.
Recently, lawyers have been presented with an increasing number of ChatGPT wills that appear to be adequate on the surface but, upon a deeper dive into the client’s circumstances, have woefully failed to meet their wants or needs. An additional problem with ChatGPT wills is the failure of the testator to ensure they have met the legal requirements for signing a valid will.
What does it matter I hear you say?
It is true that preparing your own estate planning documents will save you money now. It will not, however, save your estate from incurring significant legal expense in rectifying any errors, if they can be rectified at all.
What Comes in Must Come Out
The biggest limitation of a ChatGPT will is that it can only generate a document based on the information you provide it. It cannot understand the nuances of your personal circumstances nor weigh legal options to create an effective estate plan.
Let’s look at an example.
I asked ChatGPT to write a clause for a will that bequeaths a property to my daughters. The result is below:
I give, devise, and bequeath all my real and personal property whatsoever and wheresoever situated to my daughters, [Full Name of Daughter 1] and [Full Name of Daughter 2], in equal shares as tenants in common.
If either of my daughters predeceases me, leaving children who survive me, that daughter’s share shall pass to her children in equal shares. If she leaves no surviving children, her share shall pass to my surviving daughter.
Whilst the answer appears sufficient on the surface, what ChatGPT has failed to consider is the following:
- What happens if I own more than one property at my death? Based on the wording of this clause, all the properties I own will pass to my daughters. Is that what I wanted;
- What happens if I have sold the property before I die to pay for a nursing home bond. The daughters will miss out entirely as the clause does not include provision for a substitute gift;
- What happens if the property has a mortgage secured over it when I die? Generally, a debt secured over a specific gift will become the responsibility of the beneficiary; and
- What happens if the property is owned jointly? The gift will fail as ownership will automatically pass to the survivor. The daughters will miss out entirely.
The above are only a few of the considerations an experienced succession lawyer considers when taking instructions for a will. Such considerations are not within the scope of ChatGPT unless you are aware of all the possible ramifications of a gift and can input the necessary data.
Unless you have sufficient knowledge of the law, the simple truth is that an unintended outcome will likely occur. Unfortunately, more often than not, that unintended outcome will not be discovered until after the testator has passed away, causing significant distress and expense for the disappointed beneficiaries.
Whilst technology can have its uses, it cannot take away from the years of experience that a succession lawyer can bring to the table, both practically and legally. Are you willing to risk your hard-earned legacy on a computer-generated will that may or may not achieve your desired estate planning goals?
At DSL Law, we have an experienced team who can assist you with preparing a will that considers all possible outcomes and satisfies all legal requirements. Let us ensure that the only thing your beneficiaries need to worry about after your death, is grieving your loss.