Aipedia: Will writers and estate planners

Does will writer PI cover AI errors?

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

Will writer PI usually covers claims from AI-caused drafting and execution errors in the same way as human errors, subject to the wording. The main questions are exclusions, how the services are described, and run-off for claims that can arise decades later.

Part of: AI in Will writers and estate planners

In short

IPW and SWW members must hold PI of at least £2 million (IPW clause 1.7, SWW clause 2.12). Where a will-writer policy does not mention AI, that usually means AI-related negligence is covered like any other, provided the work is within the declared professional services and no exclusion applies. Some insurers may add technology or AI wording. Because a will is tested only after death, claims can arrive many years after the work, so run-off cover matters when a firm closes or a practitioner retires. No insurer statement on AI and will-writer PI has been verified.

The PI requirement

PI is not a statutory requirement for will writers, because will writing is not a regulated activity. It is compulsory for code members. IPW Code clause 1.7 requires cover of at least £2 million, and clause 7.3.9 requires the amount to be stated in the letter of engagement. SWW Code clause 2.12 requires cover with an approved insurer at a limit of at least £2 million, with evidence that it is in force. CTSI describes PI as mandatory for IPW members. Neither code says anything about AI.

How PI usually treats AI errors

PI responds to claims arising from negligence in the professional services described in the policy. It usually does not matter whether a person or a tool caused the error. A will that fails to dispose of the residue because a template was faulty is a negligent will, just as if an adviser had typed the wrong clause. This is sometimes called "silent AI": the policy neither includes nor excludes AI specifically, so ordinary terms apply. See affirmative AI cover and silent AI.

Points that can affect cover include:

Exclusions: some policies may include technology, software or AI exclusions; see AI exclusions and clauses.
Description of services: online journeys, chatbots, trusts, care-fee planning and estate administration need to be declared.
Aggregation: one template flaw repeated across many wills may be treated as one claim or many; see aggregation of claims.
Software provider recovery: the insurer may seek to recover from a tool provider, but licence terms often limit that.

Run-off and long-tail liability

PI is usually written on a claims-made basis: the policy that responds is the one in force when the claim is made, not when the will was written. A will drafted today may not be read until the client dies decades later. If the firm has closed, merged or retired without run-off cover, there may be no policy to respond. IPW clause 7.3.10 refers to keeping files for six years after death, which supports a defence, but the cover question is separate. See run-off cover explained.

What can go wrong

Illustrative scenario: a will writer uses an AI drafting tool for several years, then retires and closes the business without arranging run-off. Ten years later a client dies and the family discovers a survivorship clause the tool produced does not work, sending part of the estate to the wrong branch of the family. The disappointed beneficiaries claim against the former will writer personally. Without run-off cover, there may be no insurer to defend the claim. See also AI will drafting software.

What insurers may ask about technology

Insurers' questions vary, but firms using AI may be asked which tools they use and for what, whether a qualified person checks every will before it is sent, whether instructions are taken remotely and how identity and capacity are checked, how supervised signing is offered, and how client data is protected. Clear answers, consistent with the codes, help at renewal. For the wider picture, see does PI cover AI mistakes.

Practical controls

Read your policy for any AI, technology or software wording.
Describe all services accurately on the proposal form, including online and AI-assisted ones.
Keep evidence of human checking on every file.
Plan run-off before retiring, selling or closing.
Tell your insurer promptly about circumstances that might lead to a claim.
Explain your use of AI to clients; see telling clients you use AI.

Execution errors are covered in electronic wills and signing errors.

How Apex helps

Apex arranges PI for will writers and estate planners, and a broker can review how your wording treats AI, confirm it meets your code minimum and discuss run-off. See AI in will writing and will writer insurance.

Sources

Frequently asked

Is AI use excluded under will writer PI?

Often not; many policies may be silent on AI. Some insurers may introduce technology or AI wording, so check your own policy and ask your broker at renewal.

How much PI do will writers need?

IPW clause 1.7 and SWW clause 2.12 require at least £2 million for members. Firms with high-value estates, trusts or storage services may need to consider whether that minimum is enough for their work.

Why does run-off matter so much for will writers?

A will is usually tested only after death, which can be decades after it was written. Claims-made PI responds to claims made while it is in force, so a closed firm without run-off may have no cover when a claim arrives.

Do I need to tell my insurer I use AI?

If the proposal form asks, answer accurately. Even where it does not, describing online, chatbot or automated services helps make sure they fall within the professional services covered.

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.