Can AI-Generated Wills Be Legal? What Retirees Should Know
As artificial intelligence tools become more accessible, more consumers are experimenting with them for serious tasks, including estate planning. One of the most common questions is whether a will generated by AI software such as ChatGPT, Claude, Grok, or Gemini would actually be legal.
According to elder law attorney Harry Margolis, the answer is surprisingly straightforward. In most states, a will’s validity depends less on who or what drafted it and more on whether it meets basic execution requirements.
Execution Requirements Matter More Than the Drafting Tool
A will generally must be signed by the person making it in the presence of two witnesses, who also sign the document. If those formalities are followed, the document is likely to be legally valid, regardless of whether it was drafted by a lawyer, an online service, or an AI tool.
AI-Generated Wills Are Not Risk-Free
Margolis cautions that while an AI-generated will is “probably” valid, consumers give up a key element when they rely solely on AI: certainty. Established online services and law firms use forms that have been tested repeatedly. AI tools, by contrast, generate language probabilistically, based on patterns in existing material.
One best practice Margolis emphasizes is notarization. Although not required in most states, notarizing a will can significantly reduce complications later. Without notarization, witnesses may need to testify or submit affidavits confirming they properly witnessed the signing. A notarized will generally avoids that step.
Attorney Review vs. AI Drafting
Consumers sometimes consider using AI to draft a will and then asking an attorney to review it. That approach can backfire. Reviewing an unfamiliar document line by line can be more time-consuming and more expensive than drafting a will using the attorney’s standard forms from the outset.
The same trade-offs apply to other common estate planning documents, such as health care proxies and advance directives. AI-generated versions are likely usable, but they lack the reliability that comes with vetted templates. One potential compromise is to generate a draft using AI and compare it against a document produced by a lawyer or reputable online service to identify differences in language or structure.
Why Reputable Online Estate Planning Platforms Remain Valuable
For do-it-yourselfers, Margolis says reputable online estate planning platforms generally produce solid documents. These companies invest in legal expertise and refine their forms over time. The larger risk is not document quality, but completion.
Many people start an estate plan and never finish it. They stall on difficult decisions, fail to gather witnesses, or never get documents signed and notarized. An unfinished will has no legal effect.
Where Attorneys Still Add Value
Attorneys help clients make decisions, answer questions, and, critically, ensure the process is completed. AI can lower the barrier to entry for estate planning and help people engage with the process. But it cannot replace professional judgment, procedural guidance, or accountability.
For consumers, the question is not whether AI can generate a will, but whether relying on it alone provides enough confidence that their wishes will be honored when it matters most.
Key Takeaways
A will’s validity depends on execution requirements, not who drafted it.
Notarization is not required, but it can reduce legal friction later.
Attorney review of AI-generated documents may cost more than expected.
Reputable online services generally produce reliable estate planning forms.
The biggest risk with DIY estate planning is failing to finish the process.