Aipedia: Will writers and estate planners

AI in will writing and estate planning: rules, risks and PI

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

Will writers can use AI, but no regulator has issued AI rules and the membership codes still hold the will writer responsible for every will. Because a will is usually tested only after death, an AI error can become a claim many years later.

Part of: AI in Will writers and estate planners

In short

Will writing is not a regulated activity in England and Wales, so there is no statutory regulator to issue AI rules. Will writers who belong to the Institute of Professional Willwriters (IPW) or the Society of Will Writers (SWW) are bound by codes that require competence, capacity checks, supervised signing, confidentiality and PI of at least £2 million. None of these codes mentions AI, but each applies to work produced with it. PI usually treats an AI-caused drafting error like any other negligent will, subject to the policy terms.

How will writers use AI

Will writing firms and estate planners are adopting AI at several points in the client journey. Online instruction forms and chatbots collect family and asset details. Template and drafting engines turn those instructions into a draft will, lasting power of attorney (LPA) or trust deed. AI notetakers transcribe home visits and video meetings. Some firms use AI to summarise estate files, check identity documents, or flag clients whose wills may need review after a marriage, divorce or death in the family.

The appeal is clear: will writing is high volume and price sensitive, and much of the drafting is repetitive. So is the risk. A will is usually tested only after the client has died, when the one person who could explain what they meant is no longer available. An error a tool introduces today may not be found for decades, and by then the firm, its staff and its insurer may all have changed.

Who regulates will writers

Will writing is not a reserved legal activity. STEP's president told Legal Futures in 2014 that "will writing is not a regulated activity in England and Wales", and there is still no statutory regulator. Will writers who are not solicitors, chartered legal executives or other authorised lawyers are governed by voluntary membership codes, consumer law and, for some services, the FCA. Probate activities are different: they are a reserved legal activity under the Legal Services Act 2007, so an unauthorised will writer cannot carry them out itself.

The main codes are:

IPW Code of Practice: a Chartered Trading Standards Institute (CTSI) Approved Code since 2014, last audited in August 2026. CTSI names the Legal Ombudsman as the ADR body for IPW complaints, and its decisions bind the member firm.
SWW Code of Practice: version 2024.01, overseen by the Society's Professional Standards Board.
STEP Code for Will Preparation: applies to STEP members and was introduced in April 2014.

We could not find AI-specific guidance from IPW, SWW or STEP, and the IPW and SWW codes do not mention AI, software or technology. Their duties on competence, capacity, attestation and confidentiality apply whatever tools are used. Solicitors drafting wills face separate SRA expectations, covered in AI in solicitors’ wills and probate drafting.

Law reform and wider AI policy

The Law Commission's Modernising Wills Law final report (16 May 2025) recommends:

specific provision for electronic wills to be formally valid, with safety and reliability requirements;
replacing the Banks v Goodfellow capacity test with the Mental Capacity Act 2005 test;
allowing courts to infer undue influence where evidence gives reasonable grounds to suspect it;
a court power to dispense with formalities where a document reflects settled testamentary intentions;
lowering the minimum age from 18 to 16 and abolishing revocation of wills by marriage or civil partnership.

The government has published an initial response and is reviewing the recommendations and draft Bill. Nothing has been legislated, and the report does not mention AI. Separately, Legal Services Board research published in June 2026 found that binding standards for consumer AI legal tools, which include DIY and online will tools, are "nearly nonexistent", and that consumers want accuracy guarantees, human oversight and redress.

The main AI risks for will firms

Drafting errors: clauses that do not match instructions, wrong-jurisdiction wording, and residue or survivorship gaps.
Capacity and undue influence: software cannot judge whether a client understands and acts freely, which both main codes require the will writer to confirm.
Execution: invalid signing or witnessing remains the most basic way a will fails.
Data: instruction meetings capture health and family details, and health information relevant to capacity is special-category data.
Fraud: remote ID checks and deepfake impersonation can let someone give instructions in another person's name.
Advice creep: AI-generated trust, inheritance tax and care-fee recommendations can stray into areas needing specialist or regulated advice.

No UK court decision, code-body sanction or regulator warning specifically about AI-drafted wills has been found so far. The risks are the familiar will-writing risks, delivered faster and at greater scale.

The PI position

PI is not a statutory requirement for will writers, but it is compulsory for 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. IPW clause 12.4 adds that insurance must cover the replacement value of stored documents.

The classic exposure is the disappointed-beneficiary claim, where someone who should have inherited sues the will writer under the White v Jones principle; see a will drafting error scenario. Whether a mistake came from a person or a tool, PI usually responds in the same way, subject to the wording and any AI or technology exclusion. Because wills can be challenged long after signing, run-off cover matters when a firm closes or a practitioner retires. Read insurance for will writers and estate planners and PI for professionals who use AI.

Aipedia guides for will writers

Each guide below looks at one task or issue in detail.

Will writing codes and AI: how the IPW, SWW and STEP codes apply to AI-assisted work even though none mentions it.
AI will drafting software: clause, residue and survivorship errors from drafting engines, and who pays when beneficiaries lose out.
AI, testamentary capacity and undue influence: why capacity and free-will checks stay with the will writer.
AI notetakers for will instruction meetings: consent, special-category data and the accuracy of the record.
AI and lasting powers of attorney: online LPA journeys, donor pressure and defective registrations.
AI trust drafting and IHT planning: tax errors, failed trusts and the edge of regulated advice.
Electronic wills, AI and signing errors: the Law Commission proposals and why execution still causes claims.
Online will chatbots and DIY AI wills: remote instructions, automated decisions and advice given by a bot.
AI will reviews and keeping wills up to date: flagging life events and how missed-update claims are judged.
AI and care-fee asset protection planning: deprivation of assets, vulnerable clients and mis-selling complaints.
AI in estate administration for will firms: the reserved probate boundary and estate accounts errors.
AI ID checks and will fraud risks: deepfakes, forged instructions and fraud exclusions.
AI, will storage and digital vaults: storage duties, lost originals and where cyber cover fits.
Does will writer PI cover AI errors?: silent AI, exclusions and run-off for long-tail will liability.
Telling will clients you use AI: engagement letters, privacy notices and defending later family claims.

Sources

Frequently asked

Is there a regulator that sets AI rules for will writers?

No. Will writing is not a regulated activity in England and Wales, so no statutory regulator issues AI rules. Members of the IPW, SWW or STEP are bound by their codes, and every will writer is subject to negligence and consumer law, all of which apply to AI-assisted work.

Do I have to tell clients I use AI to draft their will?

The codes we checked do not require a specific AI disclosure. They do require clear client information, a letter of engagement or written summary of instructions, and data protection compliance. Explaining how tools are used, and that a person checks every will, is usually the safer course.

Will my PI cover a claim caused by AI?

Usually, if the claim arises from your professional services and the policy has no relevant exclusion. Many will-writer PI policies may not mention AI. Check the wording, the definition of professional services and any technology exclusion with your broker.

Will the Law Commission reforms allow electronic wills?

The May 2025 report recommends that electronic wills be formally valid, subject to safety and reliability requirements. The government is still reviewing the draft Bill, so until legislation is passed the current signing and witnessing rules continue to apply.

Check your PI covers how you use AI

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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.