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Aipedia: Will writers and estate planners
AI can speed up lasting power of attorney preparation, but the firm still has to be satisfied that the donor understands and is not under pressure. A defective or rejected LPA may only come to light when the attorney needs to act.
Part of: AI in Will writers and estate planners
In short
Many will firms prepare property and financial affairs and health and welfare LPAs alongside wills, often through online journeys and AI-assisted forms. The risks are a donor who lacks capacity or is pressured by a future attorney, a certificate provider stage treated as a formality, errors that cause registration to be rejected, and identity fraud. If an LPA fails when the donor has already lost capacity, the family may face delay and extra cost, and may claim against the firm. Such claims are usually handled under the firm’s PI, subject to the policy terms.
LPAs are form-driven, which makes them an obvious candidate for automation. Firms use online questionnaires that populate the forms, AI assistants that explain the choices to clients, and tools that check for missing fields before the forms are printed or submitted. Some offer a mostly remote service in which the donor, attorneys and certificate provider complete their parts online or on paper sent by post.
The forms themselves are not the hard part. The hard part is making sure the donor understands what they are giving away, chose their attorneys freely, and has instructions and restrictions that will work in practice.
The will writing codes do not mention AI, but their general duties apply to the services members provide, including LPA work. IPW Code clause 5.3 requires the member to be satisfied that the client acts freely and understands the service, and clause 5.6 says members must not assist clients lacking capacity. SWW Code clauses 5.4 and 5.5 cover vulnerable clients, clause 6.3 covers free will and capacity, and clause 2.8 covers confidentiality, data protection and identity and money-laundering checks where applicable.
Where an online LPA journey makes significant decisions about a person without human involvement, the data protection rules on automated decision-making introduced by the Data (Use and Access) Act 2025 may be relevant; they came into force on 5 February 2026 under SI 2026/82. Check the Office of the Public Guardian's current guidance for the registration process itself.
The weak points are predictable:
Illustrative scenario: a firm prepares LPAs for a client through an AI-assisted online journey. A clause the tool suggested conflicts with the choice of how attorneys act, and the registration is rejected. The firm does not chase it. Months later the client has a stroke and can no longer sign new forms. The family must apply to the Court of Protection for a deputy, and they claim the cost and delay from the firm.
Claims for defective or unregistered LPAs are usually treated as negligence in the professional services, within the £2 million minimum that IPW clause 1.7 and SWW clause 2.12 require. The loss is often the extra cost of a deputyship application and any financial harm caused by the delay. Allegations that the firm helped a pressured donor may also be framed as a capacity failure; see AI, capacity and undue influence. If identity fraud was involved, how the policy treats third-party fraud matters; see AI ID checks and will fraud.
Chartered legal executives face similar issues in Court of Protection work; see AI in LPA and Court of Protection work. Remote instruction risks are covered in online will chatbots.
Apex arranges PI for will firms that prepare LPAs and can check your policy describes that service correctly. See AI in will writing and will writer insurance.
It can populate the forms, but the firm still needs to be satisfied that the donor understands and acts freely, as the will writing codes require. The certificate provider and the donor must play their own parts.
It must be corrected and resubmitted. If the donor has lost capacity in the meantime, they cannot sign new forms and the family may need to apply to the Court of Protection, which is slower and more expensive.
Usually, if LPA preparation is within the professional services described in your policy. Check the proposal form and schedule describe it, especially if you offer online LPA services.
Someone independent who knows the donor or has relevant professional skills, and who will genuinely speak to the donor. A certificate provider chosen by a proposed attorney and signing without contact with the donor weakens the main safeguard against pressure.
Tell us about your firm and the work you do. A broker will review how your current PI treats AI-assisted work, or arrange new cover. No fee for a quote. Or call 0117 325 0027.
Start a PI quote Request a callbackApex Insurance Brokers Limited is authorised and regulated by the Financial Conduct Authority. Registered in England and Wales, company number 07014570. This page is general information about how AI is used in the profession and how insurance may respond. It is not legal, regulatory or insurance advice on your circumstances, and it does not guarantee that cover will be available or on what terms.
