AI Generated, DIY and Holographic Wills

Ontario’s Succession Law Reform Act (SLRA) outlines the requirements for a will to be valid. The law does not require the use of a lawyer. However, precise language and proper execution is very important – things that are often overlooked by non-legal professionals. AI generated, DIY (“do it yourself”) kits or holographic wills may be more cost effective and less time consuming but these options often lack legal oversight and may not meet the legal requirements.

A will must be prepared correctly, or it will not be valid, which can lead to family disputes, potential lawsuits after your death or delays in the distribution of your estate.

Requirements of a valid will

1.        Must be in writing. The will must be written (typed or handwritten)

2.        Signed by the testator at the end of the document.

3.        Witnessed. The will must be signed in the presence of at least two witnesses. Witnesses must be over the age of 18, unnamed in the will and not closely related.

4.        Presence. The testator and witnesses must be in each other’s presence when the will is signed. (There are separate, additional requirements for wills signed utilizing audio-visual communication technology)

Holographic will

Holographic wills are used in emergency situations because there is no cost and they are less time consuming. However, if done incorrectly, the will may not be valid.

1.        Must be handwritten. A holographic will must be entirely in the testator’s handwriting.

2.        Signed by the testator at the end of the document.

3.        Intent. The testator must have an intention to create a valid will and clearly outline their wishes for estate distribution upon death.

4.        Witnesses are not required. However, an absence of witnesses can make it easier to challenge the validity of the holographic will.

5.        Dated. The holographic will should ideally contain a date to establish when it was created.

Risks of AI Generated, DIY or Holographic Wills

While the use of AI generated, DIY or holographic wills have cost and time saving benefits, these wills risk being contested because they often lack:

1.        Legal expertise and formality;

2.        Consideration of evolving laws;

3.        Consideration of family dynamics;

4.        Clarity; and

5.        Validity.

Drafting a will with the input of a lawyer is the best way to ensure your estate plan is valid and meets legal requirements.