Why Your AI-Drafted Will Might Be Nothing More Than "Words on Paper"
By Melinda Gustafson Gervasi
March 2, 2026
I get it. Inflation continues to nip at our heels. Housing, college, insurance, food – they all feel so much more expensive than the past. So we turn to cost saving measures. Sometimes we postpone spending – my own family has decided we have no immediate need to pull out our passports for travel. One day we’ll pack our suitcases and explore a new country, but not this summer. Other times we eliminate an expense. Like many Americans, in my household we have turned off some streaming services, freeing up space in our monthly budget. And then there is the quest to get something for free. Who else out there uses a Buy Nothing Group? I’ve have great luck finding items my teenagers have needed from group projects (think having to dress up as historical figures). But, is it really free?
The 1970s gave us shag carpeting, water beds, and the song Stayin’ Alive. The decade also reminded us that there is no such thing as a free lunch. A popular adage promoted by economist Milton Friedman, it promotes the idea that there is no way to get something for free. Decades later the 2020 docudrama, The Social Dilemma, warned "If you're not paying for the product, you are the product."
Looking forward AI - Artificial Intelligence - dominates the horizon. It seems to be everywhere. From the medical world to finance to the Pentagon - it seems to be all about AI, all the time. The legal world is not exempt from the mad rush to embrace what promises to be a revolutionary technological development. Even in my small, solo practice AI dominates. Will clients opt for AI to draft a will rather than seek my counsel. Perhaps. The allure of a free product is powerful. However, a few issues may slow that flood:
- AI is a "prediction engine," not a "fact engine." It is optimized to sound confident and legally formal, which creates a dangerous precedent. Some attorneys who have turned to it for research have found themselves sanctioned by a court for citing fictitious cases. This examples is from Massachusetts.
- The holy grail of privacy that shrouds all law offices evaporates when a person feeds their net worth, family secrets, or specific fears about an heir’s substance abuse into AI. That data may no longer be private, likely becoming part of the AI's training set and is stored on third-party servers.
- AI is great at generating text, but it is physically incapable of executing a plan. Until a will is signed properly (each state has its own signing requirements - for example, who must witness it) it is nothing more than words on paper. Working with a living breathing attorney means you will have a guide for “executing” the will, a final step in making it legally binding.
Frugality is admired in my home and at my law office. I love a good deal and take pride in being a good steward of our resources, allowing me to support my family, my community, and causes close to my heart. However, after two decades of practicing estate planning and probate, I know that it is usually less expensive to hire a professional to get the job done correctly than to hire one to clean up a mess from a DYI project.
Remember, a blog is not an attorney. This post is meant to spark thought and reflection. Please seek legal advice from an attorney licensed for your home state. If you found this post helpful, consider sharing it on your favorite social media. You can also leave a "tip" on Buy Me A Coffee -- see the yellow icon above. Thank you for reading, and be well.
