With the rapid progress of artificial intelligence in the legal field, we often hear the same question arise again and again: will AI replace the need for estate planning lawyers? It’s a fair question, now that legal tech is able to draft a variety of documents, conduct legal research, and review huge volumes of information in seconds.
Thankfully for us lawyers, the short answer right now is: “no.” While AI is transforming how estate planning lawyers work, it is simply not a substitute for the human judgment, nuanced legal analysis, ethical stewardship, and interpersonal skills that quality estate planning requires.
A Tool, not a Replacement
AI excels at well-defined, repeatable tasks. In an estate planning practice, that can include faster first drafts of routine documents and concise summaries of client information. When used properly, these capabilities can enhance a lawyer’s efficiency and help maintain consistency across files.
With that said, estate planning is not a template exercise. It is dependent on a client’s values and goals, family dynamics, business interests, and evolving tax and succession considerations. Determining when and when not to use a trust structure, how to arrange decision-making authority, how to balance competing interests among beneficiaries, and how to manage cross-border or blended family complexities are judgment-heavy decisions. They require counsel that listens carefully, knows the appropriate probing questions to ask and when to ask them, and provides tailored advice to each client’s unique situation.
Ethical and Practical Considerations
Clients and armchair enthusiasts should be mindful that relying on AI for estate planning carries ethical and operational challenges.
For example, assessments of things like capacity, undue influence and informed consent cannot be delegated to a computer. Lawyers are trained to verify facts, assess each client’s situation, and ensure that their advice reflects the current law. AI cannot exercise the caution needed when a client has sensitive or controversial wishes, or where there may be diminished capacity or hidden coercion.
Similarly, using AI brings risks surrounding confidentiality and data security. Entering private family and financial data into a public AI model may expose sensitive personal information, with potentially far-reaching consequences.
For example, in the United States, a federal court recently ruled that outputs from public AI models are not protected by lawyer-client privilege, even if those outputs are later shared with counsel. While Canadian courts have not yet ruled on this issue, the U.S. decision serves as a warning that AI may not protect confidentiality.
AI models also lack accountability for their output, including output that contains “hallucinations”: false, misleading, or fabricated information. In the legal profession, AI has been known to cite made-up legal cases that don’t exist. Rough estimates of the frequency of these “hallucinations” is in the range of 25 per cent—significant!
While lawyers carry liability insurance and can be called upon to explain their process and reasoning if an estate plan is challenged, AI cannot. It is therefore crucial that AI-generated materials be reviewed by an estate lawyer.
Takeways
At its core, estate planning is a relationship-centred practice. While technology will continue to improve the efficiency of us estate planning lawyers, the important and meaningful work of translating a client’s wishes and objectives into a legally effective estate plan remains an inherently human practice. AI is a valuable tool in the process, but it cannot replace the wisdom and judgment of experienced counsel.
For Further Reading
Open the Pod Bay Doors: The Future of AI and Probate Applications – November 29, 2024
A New Paradigm: Wealth Advising for the Future – June 14, 2024
Reflections and Predictions on our 25th Anniversary – May 4, 2023
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
