Can AI Be Trusted to Draft Your Estate Plan Safely and Effectively?

Artificial intelligence (AI) has transformed many aspects of daily life, from writing emails to answering complex questions. With tools like ChatGPT becoming more advanced, it’s natural to ask whether AI can handle sensitive tasks like drafting an estate plan. After all, your estate plan shapes your family’s future and protects your assets. Can a computer program really replace the expertise of an estate planning attorney?

We decided to test ChatGPT by asking it to draft a trust-based estate plan and discovered some surprising results.

AI-generated estate plan draft on a desk

What Is ChatGPT and How Does It Work?

ChatGPT is a language model developed by OpenAI. It has been trained on vast amounts of text from books, websites, and articles to generate human-like responses. You can ask it to write emails, create lists, answer questions, or even compose poems. It responds quickly and often sounds very natural.

Despite its strengths, ChatGPT has limitations. It can produce incorrect or inconsistent information and sometimes reflects biases present in its training data. It does not truly understand legal concepts but predicts text based on patterns it has seen. This means it requires careful human review, especially when used for important matters like estate planning.

How People Use ChatGPT

Because ChatGPT works like a conversation, you tell it exactly what you want. You can say things like “summarize,” “rewrite,” “create a top-five list,” or “make the tone more friendly.” You can give it context, ask follow-up questions, or set boundaries such as wanting a professional tone or a short answer.

The Real Question: Can ChatGPT Draft a Trust?

We tested it by asking the program to create a trust-based estate plan - something that requires careful thought, legal knowledge, and the ability to anticipate future complications.

Here’s what we discovered:

• ChatGPT missed major legal requirements. - It left out essential provisions about what happens if the trust maker, trustee, or beneficiary becomes incapacitated.

  
  

• It included language that could cause tax problems. - One clause it generated could actually waste a family’s estate tax exemption—something no responsible attorney would ever allow.

  
  

• It didn’t understand nuance. - State laws, family dynamics, asset types, long-term planning strategies - AI simply can’t personalize these the way a trained professional can.

Bottom Line

AI can assist, but it can’t replace real planning. If you are ready to get started on your own estate plan, start by booking a Peace of Mind Planning Session. We’ll answer your questions, go over your options and our flat fees, and decide if we want to move forward. Mention this blog and we’ll waive the $450 session fee! Book here.

What Families Should Keep in Mind

If you consider using AI for your estate plan, remember:

• AI-generated documents are not legally binding without review

• Important legal protections may be missing or incorrect

• State laws vary and require local expertise

• Complex family situations need personalized solutions

  
  

Always consult a licensed estate planning attorney before finalizing any documents. Your family’s future deserves careful attention and professional guidance.

If you are ready to get started on your own estate plan, start by booking a Peace of Mind Planning Session. We’ll answer your questions, go over your options and our flat fees, and decide if we want to move forward. Mention this blog and we’ll waive the $450 session fee! Book here.