The Risks of Relying on ChatGPT to Create Your Will

Can ChatGPT write a will?A last will and testament is the cornerstone legal document in most estate plans, and creating one is something every person over the age of 18 should do. A will allows you to outline how your loved ones (and the courts) should manage your end-of-life affairs, including what happens to assets like your home, vehicles, and sentimental objects; who will care for your minor children; and who you trust to oversee the execution of your wishes as outlined in your will.

By now there’s a good chance you’ve heard of ChatGPT. And it may be tempting to wonder if you can create a will yourself, instead of working with an attorney to do it for you. For this reason, many people are turning to AI language models such as ChatGPT to create wills without fully understanding the potential risks involved. However, creating a legally-binding and comprehensive will requires attention to detail and a full understanding of applicable laws. There are also technical concerns and a lot of room for error when utilizing AI to craft a legal document. For these and many more reasons, it really is a bad idea to rely on ChatGPT or another AI platform to craft your will.

At Margerie Law, we provide real world estate planning support, including the creation of thoughtful and comprehensive wills. We know a thing or two about how to create a will and, in this blog post, we explain why using ChatGPT for this purpose may not be the best idea. Keep reading to learn more.

But first, what is ChatGPT?

ChatGPT is an AI language model, developed by OpenAI, that uses deep neural networks to generate human-like text from a prompt. It works by taking in input text and then predicting what words might come next. This prediction is made using statistical models trained on large amounts of existing text data which has been pre-processed for the machine to understand.

Don’t get us wrong, ChatGPT is a very cool tool and can be used to craft many different types of content, including answers to questions, summarization of texts, and automated responses to customer service inquiries. It can even be used for creative tasks such as writing stories or composing music. With its powerful natural language processing capabilities, ChatGPT can produce surprisingly coherent language that really does mimic human writing style.

But, while ChatGPT can produce impressive results in certain scenarios, it is important to remember that it is not a perfect solution, especially when it comes to legal documents like wills.

Here are a few reasons to avoid using ChatGPT when creating your will:

The Risks of Relying on ChatGPT to Create Your Will

Legal Limitations

ChatGPT is trained based on patterns in text data, not legal expertise. This means that it cannot interpret complex legal jargon and concepts with the same accuracy as an experienced attorney or other adult human being. Additionally, while ChatGPT may seem to know everything, there is no guarantee that it will provide accurate information regarding specific state laws when asked to create a will. This means that, if you use ChatGPT to create your will, you may have to do extra research and work to ensure the information it provides is accurate. This leaves a lot of room for error, both human and AI-based.

It’s also important to note that Wisconsin, along with many other states, require wills to be signed and witnessed by another person in order for them to be considered legally binding. For all its great qualities, at the end of the day ChatGPT just isn’t human, and it lacks the legal standing and recognition of an individual. This means that ChatGPT cannot sign or witness the document, which makes creating a will through it non-viable in most cases.

Technical Constraints

As outlined above, ChatGPT is trained based on patterns in text data and does not have the ability to interpret complex legal concepts. It also lacks knowledge of specific state laws and regulations. However, when you ask ChatGPT to create a will, it will provide you with content that may even seem accurate and official. However, it will take a lot of research and proofing on your part to ensure the content provided is appropriate and legally-binding. Relying on AI for important legal documents increases the risk of errors and inaccuracies, since there is no real accountability or responsibility for mistakes made with automated services like this.

Privacy Concerns

Another consideration when thinking about using chatbots like ChatGPT for estate planning or will creation is that these documents involve personal and sensitive information that should only be shared in close confidence between you, your attorney, and perhaps your loved ones. While you can take all the precautions in the world, any content created online using a chatbot is at risk for being hacked or stolen by malicious actors, and the information contained in a will can be quite sensitive. Your will and other estate planning documents should be treated with the utmost care and attention, and that includes protecting the privacy of these documents.

When it comes to creating an effective and legally binding will, it is important to work with an experienced estate planning lawyer rather than quick-fix online tools like ChatGPT. ChatGPT is not equipped to handle the legal requirements and complexities of will creation correctly or responsibly. The potential for error and lack of personal attention make it not a great idea to rely on this model for such delicate tasks as managing your estate planning documents.

An experienced attorney can provide you with the legal advice and guidance needed to ensure that your wishes are properly represented in the document. Additionally, they can help you navigate any special circumstances or challenges related to your estate plan while ensuring that all regulations and laws governing wills in your state are adhered to. Working with a knowledgeable lawyer also ensures that any potential conflicts or delays caused by lack of understanding can be avoided.

Looking for an estate planning attorney in Milwaukee, Brookfield, Waukesha, or elsewhere in Wisconsin? Margerie Law is here for you, and we offer both in-person and virtual estate planning services for customers across the state. Click here to contact us today.