Aipedia: Will writers and estate planners

AI will drafting software: the risks for will writers

Aipedia, by the Apex broking team · Last reviewed 2026-10-30

AI drafting software can turn client instructions into a will in minutes, but the will writer remains liable for every clause it produces. Drafting errors usually surface only after death, when a disappointed beneficiary can no longer be put right.

Part of: AI in Will writers and estate planners

In short

Will firms may use template engines and generative AI to convert instructions into draft wills. The common failure points are clauses that do not match what the client said, wording drawn from another jurisdiction, gaps in residue and survivorship provisions, and gifts that fail because a beneficiary is misdescribed. The IPW and SWW codes make the member responsible for competence and supervision whatever tool is used. When a beneficiary loses out, the claim is usually made against the will writer and handled under its PI, subject to the policy terms.

How will firms use drafting tools

Many will writing businesses have used template software for years: the adviser answers questions, and the system assembles standard clauses into a will. Newer tools add generative AI on top. They can read a typed or transcribed instruction note, suggest clauses, rewrite gifts in plain English, or draft a bespoke provision such as a gift of a business interest or a letter of wishes.

The distinction matters. A rules-based template produces the same output every time for the same answers, so its errors are predictable and testable. A generative tool produces fluent text that can differ from one run to the next and may introduce wording nobody asked for. Both can be useful; neither knows what the client actually meant.

The duties that apply

No code mentions AI, but the duties are clear. IPW Code clauses 2.1 to 2.6 require annual training and forbid work beyond the member's competence, and clause 1.5 requires anyone assisting to be trained on the Code. SWW Code clauses 2.3 to 2.5 require competence and CPD and the referral of work beyond it, while clause 2.14 requires staff to be trained and supervised. SWW clauses 4.1 to 4.3 require a written summary of instructions and recommendations, which gives the firm a fixed record to check a draft against. For the codes in detail, see will writing codes and AI.

What can go wrong

Typical AI and template drafting errors include:

a gift of residue that does not dispose of the whole estate, leaving a partial intestacy;
survivorship or substitution clauses that do not say what happens if a beneficiary dies first, or that contradict each other;
wording borrowed from Scottish, US or other non-English law, such as terms with no meaning in England and Wales;
a gift to "my children" where the client wanted to include or exclude stepchildren;
a property trust clause added by the tool that the client never asked for.

Illustrative scenario: an adviser records instructions for a couple with children from earlier relationships. The AI tool produces mirror wills that leave everything to the survivor and then to "our children". The couple wanted each side's children to share equally. After both deaths, one set of children receives nothing, and they claim against the will writer for the share they would have received.

How PI usually responds

Claims by people who would have inherited but for a drafting mistake are the classic will-writer exposure, based on the White v Jones principle; see a will drafting error scenario. PI is compulsory for IPW and SWW members at a minimum of £2 million (IPW 1.7, SWW 2.12). Where a policy does not mention AI, a drafting error is usually treated as negligence in the professional services whether a person or a tool made it, subject to the wording and any technology exclusion.

A flaw in a template or prompt can repeat across many wills. Whether those claims are treated as one claim or many depends on the aggregation clause; see aggregation of claims. More detail is in does will writer PI cover AI errors.

Practical controls

Compare every draft clause by clause with the signed summary of instructions before it goes to the client.
Lock down templates and test any change on sample family structures, including blended families.
Do not let a generative tool add clauses without an adviser deciding they are needed.
Check residue, survivorship and substitution provisions together as a set.
Strip non-English legal terms and check definitions of children and issue.
Keep a record of the tool version and prompts used for each will, retained with the file.
Read the draft aloud with the client at signing, or explain it in writing.

Keeping wills current after a change in circumstances is a separate risk; see AI will reviews and updates.

How Apex helps

Apex arranges PI for will writers and estate planners, and a broker can review how your wording treats template and AI-assisted drafting. See insurance for will writers and AI in will writing.

Sources

Frequently asked

Is a template engine safer than generative AI for wills?

Usually it is more predictable, because the same answers produce the same clauses and errors can be tested out. Generative tools can vary their output and add wording nobody requested. Both need a person to check the draft against the client’s instructions.

Who is liable if AI software drafts a defective will?

The will writer who supplied the will is usually the party the disappointed beneficiary sues. The firm may have contractual rights against the software provider, but those depend on the licence terms and are often limited.

Can one template error lead to many claims?

Yes. A faulty clause in a template or standard prompt can be repeated across hundreds of wills. How the insurer treats those claims depends on the aggregation and series wording, so it is worth checking before a problem is found.

Do I need to keep records of the AI tool used?

No code requires it specifically, but IPW clause 7.3.10 refers to keeping files for six years after death. Keeping the instruction record, the tool version and the checking notes makes it easier to defend a later challenge.

Check your PI covers how you use AI

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.

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Apex 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.