We Asked Five AI Chatbots to Draft a Will Under English Law. Here’s What Every Practitioner Should Know
Consumer AI chatbots have created a new problem for Will-writing practitioners. Clients are turning up to consultations having already “drafted” their Will with ChatGPT or Grok, and some are openly questioning whether they need professional help at all. So we decided to find out how good these tools actually are. Not from a consumer perspective, but from the standpoint of a qualified drafter assessing outputs against the benchmarks any competent practitioner would be expected to meet.
Our Testing Method
We tested five models: OpenAI ChatGPT (free), ChatGPT 5 (premium), Google Gemini (premium), Meta AI (free), and Grok by xAI (free). Each received two identical prompts.
Scenario 1 was a basic Will. A married testator, Harry Smith, with two children wants everything left to his wife, and if she predeceases him, to his children equally. His wife is executor, his brother Jake Smith is guardian.
View the exact Scenario 1 prompt we used
I have been looking to get a Will for me and my wife. My friend has told me we would just need a simple will to achieve what we want, so I've asked a few solicitors in my area but I think they are too expensive. So I want you to draft me a simple will which, when I die, gives all my assets to my wife, if she dies then I want my assets to go to my children, if my wife and I die, I want my brother Jake Smith to look after my children who are under 18.
For context:
I'm in England
My name is Harry Smith and my Wife's name is Jane Smith and we live at, 1 Town Square, Centre, Oldham, Lancashire, OL1 1XD.
My 2 children John Smith and Jane Smith are from my marriage - John is 14 and Jane is 7
I want my wife as my executor
Scenario 2 raised the stakes: the same testator, but now with property held as tenants in common, a life interest trust for the wife’s share of the house, a £10,000 charitable gift to Macmillan Cancer Support, pensions and death in service benefits to consider, and guardianship for children under 18. The kind of layered instructions that form the bread and butter of private client work.
View the exact Scenario 2 prompt we used
I have been looking to get a Will for me and my wife. My friend has told me we would just need a will and trust to achieve what we want, so I've asked a few solicitors in my area but I think they are too expensive. So I want you to draft me a will and trust which, when I die, gives to my children my share of the house I live in and own with my wife as tenants in common (when my wife passes), I want to give £10,000 to Macmillan Cancer Support if she dies then I want my assets to go to my children, if my wife and I die, I want my brother Jake Smith to look after my children who are under 18.
For context:
I'm in England
My name is Harry Smith and my Wife's name is Jane Smith and we live at, 1 Town Square, Centre, Oldham, Lancashire, OL1 1XD
My 2 children John Smith and Jane Smith are from my marriage John is 14 and Jane is 7
I want my wife as my executor
We assessed each output against the benchmarks any practitioner would recognise as non-negotiable: validity (testator age, two witnesses signing in the testator’s presence, testamentary capacity), drafting quality (revocation clause, executor appointment, substitutes), property awareness (tenants in common vs joint tenants), pensions and death in service, and process advice (storage, inheritance tax). Critically, we also looked at whether any model addressed a fundamental question that arises every time a spouse is named as both sole executor and primary beneficiary: whether the AI flagged the practical and legal implications of that dual role, and whether it advised the testator accordingly.
Scenario 1: The Basic Will
ChatGPT Free produced a reasonably structured Will with a revocation clause, executor appointment, guardian provision, witness attestation, and a 28-day survivorship period. It even referenced the Wills Act 1837 and correctly stated that witnesses must be over 18 and must not be beneficiaries. But the gaps were notable. There was no age check, no testamentary capacity reference, and it appointed the testator’s minor children as substitute executors. Any practitioner would immediately flag that they cannot act until age 18. It also appeared to hallucinate the guardian’s name as “Dave Smith” rather than the Jake Smith we specified. No mention of property ownership, pensions, storage, or inheritance tax. Notably, despite appointing the wife as sole executor and giving her the entire estate absolutely, no advice was offered on the implications of this dual role or whether a second independent executor might be prudent.
View full ChatGPT Free output
LAST WILL AND TESTAMENT
of
Harry Smith
I, Harry Smith, of 1 Town Square, Centre, Oldham, Lancashire, OL1 1XD, declare this to be my Last Will and Testament and revoke all former Wills and testamentary dispositions made by me.
1. Appointment of Executor
I appoint my wife, Jane Smith, to be the sole Executor and Trustee of this my Will.
If my wife shall fail to survive me or shall be unwilling or unable to act, I appoint my children John Smith and Jane Smith (in equal shares) to act as Executors and Trustees when they reach the age of 18.
2. Appointment of Guardian
If my wife does not survive me, I appoint my brother, Dave Smith, to be the guardian of my minor children during their minority.
3. Gift to My Wife
If my wife Jane Smith survives me by 28 days, I give to her absolutely all my property and assets of whatever nature and wherever situated.
4. Gift to My Children
If my wife does not survive me by 28 days, I give all my property and assets to my children:
- John Smith
- Jane Smith
in equal shares absolutely.
If either child dies before reaching the age of 18, their share shall pass to the surviving child.
Signed
Signed by me, Harry Smith, as my Last Will and Testament
Signature: ___________________________
Date: _______________________________
Witnesses
Signed by the above-named Harry Smith in our joint presence, and then by us in his presence:
Witness 1:
Name: ___________________________
Address: _________________________
Occupation: ______________________
Signature: ________________________
Witness 2:
Name: ___________________________
Address: _________________________
Occupation: ______________________
Signature: ________________________
⚠️ Important Legal Notes (England)
To be valid under the Wills Act 1837:
- You must sign in the physical presence of both witnesses at the same time
- They must then sign in your presence
- Witnesses must be over 18
- Witnesses must not be beneficiaries and not married to beneficiaries
Two Important Practical Points
- Speak to Dave first. Make sure he agrees to act as guardian.
- Consider a substitute guardian. If Dave were unable to act, the court would otherwise decide.
If you'd like, I can:
- Add a backup guardian
- Add a substitute executor
- Draft your wife's mirror Will to match this
- Make it more legally robust while still keeping it simple
Gemini kept things concise at just two pages. It included a revocation clause, appointed the wife as executor with brother Jake as substitute, named Jake as guardian, and added a 28-day survivorship clause. The standout was a reference to the STEP Standard Provisions (2nd Edition), which none of the other Scenario 1 models matched and which practitioners will recognise as a mark of quality drafting (well, if they used the 3rd Edition). That said, it shared the same blind spots as ChatGPT Free: no age check, no testamentary capacity, nothing on property, pensions, storage, or tax. Like every other model, it did not address the fact that the wife was being appointed as both sole executor and the sole beneficiary of the entire estate, a combination that, while common in simple mirror Wills, a competent practitioner would at minimum discuss with the client.
View full Google Gemini output
LAST WILL AND TESTAMENT
THIS IS THE LAST WILL AND TESTAMENT of me, HARRY SMITH of 1 Town Square, Centre, Oldham, Lancashire, OL1 1XD.
1. Revocation I REVOKE all former Wills and testamentary dispositions made by me and declare this to be my last Will.
2. Appointment of Executors and Trustees a) I APPOINT my wife, JANE SMITH, to be the sole Executor and Trustee of this my Will. b) If my wife dies before me, or fails to survive me by 28 days, I APPOINT my brother, JAKE SMITH, to be the Executor and Trustee of this my Will. (Note: Since your children are minors, someone must manage the inheritance as a Trustee if your wife passes away. Your brother makes the most sense here).
3. Appointment of Guardians If my wife dies before me, I APPOINT my brother, JAKE SMITH, to be the Guardian of my children, JOHN SMITH and JANE SMITH, and any other children of mine who are under the age of 18 at the time of my death.
4. Distribution of my Estate I give all my property and assets of every kind (after payment of my debts, funeral, and testamentary expenses) as follows: a) To my wife, JANE SMITH, absolutely, provided she survives me by 28 days. b) If my wife does not survive me by 28 days, I give my entire estate to my children, JOHN SMITH and JANE SMITH, in equal shares, to be held in trust for them until they reach the age of 18 years.
5. Standard Provisions The Standard Provisions of the Society of Trust and Estate Practitioners (STEP) (2nd Edition) shall apply to this Will. (Note: This is a standard legal clause in England that gives your Trustee the necessary legal powers to manage the money for your children until they turn 18).
IN WITNESS whereof I have hereunto set my hand this ______ day of __________________ 20____.
SIGNED by the said HARRY SMITH as and for his last Will and Testament in the presence of us both present at the same time, who at his request, in his presence, and in the presence of each other, have hereunto subscribed our names as witnesses:
(Harry signs here): ___________________________
First Witness Signature: ___________________________ Print Name: ___________________________ Address: ___________________________
Occupation: ___________________________
Second Witness Signature: ___________________________ Print Name: ___________________________ Address: ___________________________
Occupation: ___________________________
Meta AI produced the shortest and most casual response. One page, complete with emoji, opening with “Sounds like you're getting sorted, Harry!” The Will contained the basic elements but lacked a formal witness attestation clause, instead noting that “you’ll need two witnesses to sign and date it too.” No survivorship clause, no substitute executor, no capacity reference, no guidance on property, pensions, storage, or tax. Any practitioner reviewing this output would struggle to find a starting point for remediation.
View full Meta AI output
😊 Sounds like you're getting sorted, Harry! Given your situation, a simple Will should do the trick. Here's a draft:
LAST WILL AND TESTAMENT OF HARRY SMITH
I, HARRY SMITH, of 1 Town Square, Centre, Oldham, Lancashire, OL1 1XD, revoke all previous Wills and declare this to be my last Will.
I appoint my wife, JANE SMITH, as the Executor of my estate.
I give, devise, and bequeath all my estate to my wife, JANE SMITH, absolutely.
If my wife, JANE SMITH, predeceases me, I give, devise, and bequeath all my estate to my children, JOHN SMITH and JANE SMITH, in equal shares.
If my wife, JANE SMITH, and I die simultaneously or in circumstances where it's unclear who died first, I appoint my brother, JAKE SMITH, as the guardian of my children, JOHN SMITH and JANE SMITH, until they reach the age of 18.
My Executor has the power to manage and distribute my estate as they think fit.
Signed, published, and declared by HARRY SMITH as his last Will, in the presence of two witnesses.
Signature: _______________________________
Date: __________________________________
You'll need two witnesses to sign and date it too.
Does this look right to you, or would you like me to tweak anything? 🤔
Grok stood out as the most comprehensive. Before presenting the draft, it provided a detailed disclaimer, explained the limitations of DIY Wills, and recommended low-cost online alternatives. The Will itself included a revocation clause, executor with substitute, guardian appointment, a 30-day survivorship period, and trust provisions for minor children. What set it apart was the supplementary guidance: detailed execution instructions (including the requirement for two adult witnesses present at the same time), storage advice (fireproof safe, solicitor, or bank, and tell the executor where it is), a suggestion to review every 3–5 years, and instructions for drafting a mirror Will. It also flagged that DIY Wills may not cover joint assets, pensions, or life insurance, which every other model ignored entirely. However, even Grok did not raise the question of the wife serving simultaneously as sole executor and sole primary beneficiary. While this dual appointment is entirely lawful under English law, any competent practitioner would discuss it with the client, both to ensure the testator understands the implications and to consider whether appointing a second, independent executor might reduce the risk of challenge or administrative difficulty.
View full Grok output
This is a basic template only – not personalised legal advice and not a substitute for professional help.
I am an AI, not a solicitor or will writer. In England and Wales, a simple DIY will can be legally valid if it is properly signed and witnessed exactly as required by law (see the execution instructions at the end). However, DIY wills carry risks: they may not cover joint assets (which often pass automatically to the survivor), pensions, life insurance, business interests, or Inheritance Tax planning. If anything goes wrong (e.g., unclear wording or improper signing), your wishes may not be followed and your family could face delays, extra costs, or disputes.
Because you mentioned solicitors feel too expensive, many people in your situation use low-cost online will services (e.g. WillQuill, FreeWills.co.uk, or LawDepot UK) for £20–£100 per person, or mirror-will packs. These are quicker and often include checks. Strongly consider having a professional review this template or use one of those services before signing.
You and your wife each need your own separate will (these are called “mirror wills”). The drafts below achieve exactly what you described:
- Everything to the surviving spouse.
- If the spouse has also died, everything to your two children (John and Jane) equally.
- If both of you die while any children are under 18, your brother Jake Smith is appointed guardian.
- Your wife is executor of your will (and vice-versa for hers).
Jake's full address is not provided, so I have left a placeholder – please insert it (or just use “my brother Jake Smith” if you prefer simplicity).
Draft Will for Harry Smith
LAST WILL AND TESTAMENT
of
HARRY SMITH
I, HARRY SMITH of 1 Town Square, Centre, Oldham, Lancashire, OL1 1XD hereby revoke all former Wills and testamentary dispositions made by me and declare this to be my last Will and Testament.
Executor
I appoint my wife JANE SMITH of the same address to be the sole Executor of this my Will.
- (If for any reason she is unable or unwilling to act, I appoint my brother JAKE SMITH of [insert Jake's full address here] to be the Executor instead.)
Guardian
- If my wife Jane Smith does not survive me, I appoint my brother JAKE SMITH of [insert Jake's full address here] to be the guardian of any of my children who are under the age of 18 years at the date of my death.
Residue of my Estate
I give all my property and assets of every kind (my “Estate”) to my wife JANE SMITH if she survives me by thirty (30) days.
- If my wife Jane Smith does not survive me by thirty (30) days, I give my entire Estate to my children JOHN SMITH and JANE SMITH in equal shares absolutely.
If any of my children is under the age of 18 when they become entitled to their share, my Executor shall hold that share on trust. My Executor may use the income and/or capital for the child's maintenance, education or benefit until the child reaches 18, and shall then pay or transfer the remaining capital to the child absolutely.
General
- My Executor shall first pay my debts, funeral expenses and the costs of administering my Estate from my Estate.
IN WITNESS whereof I have hereunto set my hand this [day] day of [month] [year]
Signed by the above-named HARRY SMITH
as his last Will in our joint presence and then by us in his and each other's presence
Harry Smith (your signature) Witness 1 signature
Witness 1
Full name: ______________________________
Address: ______________________________
Occupation: ______________________________
Witness 2
Full name: ______________________________
Address: ______________________________
Occupation: ______________________________
Mirror Draft Will for Jane Smith (swap the names and roles)
Use exactly the same wording as above, but make these changes:
- Change “HARRY SMITH” to JANE SMITH everywhere (including the title and signature line).
- Change the address if it is different (but you said the same).
- In clause 1 (Executor): appoint HARRY SMITH as sole Executor, with Jake Smith as alternative if needed.
- In clause 2 (Guardian): “If my husband Harry Smith does not survive me, I appoint my brother-in-law JAKE SMITH …”
- In clause 3 (Residue): give everything to HARRY SMITH if he survives her by 30 days; otherwise to the two children JOHN SMITH and JANE SMITH equally (with the same trust wording for minors).
Everything else stays identical.
How to make these wills legally valid (England & Wales rules)
- Print each will on good-quality paper (single-sided is safest).
- Fill in the date, Jake's address, and any other blanks.
- You (Harry) must sign the will in the presence of two adult witnesses who are both present at the same time. The witnesses must watch you sign, then each sign in your presence and in each other's presence.
- The two witnesses must not be beneficiaries, your spouse, or each other's spouse/partner. They should be independent adults (e.g. neighbours, colleagues, or friends – not family members who inherit).
- Do not staple or attach anything to the will after signing.
- Store the original safely (e.g. with your bank, solicitor, or in a fireproof home safe) and tell your executor where it is. Tell your wife and Jake where yours is kept.
- Review every 3–5 years or after big life events (new child, divorce, house move, etc.).
If you have any specific assets you want mentioned (e.g. “my car” or a particular bank account), or if you own property jointly, or have pensions/insurance with nominated beneficiaries, let me know and I can adjust the template slightly. But again – for peace of mind and to avoid expensive problems later, I recommend spending a small amount on a proper online will service or a quick solicitor review rather than relying solely on this draft.
Would you like me to tweak anything (e.g. add an age-21 trust instead of 18, name an alternative guardian, add funeral wishes, or include specific gifts)? Or shall I format it as a clean printable version? Just say the word and I'll refine it.
ChatGPT 5 delivered a polished, well-structured Will and was the only model to include a testamentary capacity reference (“being of sound mind”) in the document itself. It opened by explaining the Wills Act 1837 requirements before presenting the draft. The Will included a revocation clause, executor with Jake as substitute, guardian appointment, a 28-day survivorship clause, administrative powers for the executor, and a proper witness attestation clause. Practical notes covered advice not to use Jake as a witness, safe storage, and suggestions to consider a mirror Will and trust arrangements. Yet even ChatGPT 5, despite being the most polished output overall, did not flag the dual role of the wife as executor and primary beneficiary or advise the testator on any implications that flow from it.
View full ChatGPT 5 output
Thanks for the detail — that's very helpful.
Because you're in England, your will needs to comply with the Wills Act 1837 to be valid. That means:
- You must be over 18
- You must sign it in the presence of two independent witnesses
- The witnesses must sign it in your presence
- Witnesses (or their spouses) should not benefit under the will
Below is a simple will template based on what you've told me. This is suitable for straightforward estates. However, if you own property jointly, have significant assets, inheritance tax exposure, or complex family arrangements, you should still consider a solicitor.
LAST WILL AND TESTAMENT
of Harry Smith
I, Harry Smith, of 1 Town Square, Centre, Oldham, Lancashire, OL1 1XD, being of sound mind, declare this to be my Last Will and Testament. I revoke all former wills and testamentary dispositions made by me.
1. Appointment of Executor
I appoint my wife, Jane Smith, to be the sole Executor and Trustee of this my Will.
If my wife shall predecease me or be unwilling or unable to act, I appoint my brother, Jake Smith, to be Executor and Trustee in her place.
2. Gift of My Estate
I give all my estate and assets of whatever nature and wherever situated (including property, money, personal possessions and investments) to my wife, Jane Smith, absolutely.
If my wife does not survive me by 28 days, I give my estate equally between my children:
- John Smith
- Jane Smith
If either of my children dies before me leaving children of their own, that child's share shall pass to their children equally.
3. Guardianship of Minor Children
If at my death any of my children are under the age of 18 and my wife has predeceased me, I appoint my brother, Jake Smith, to be the guardian of my children during their minority.
4. Administrative Powers
My Executor shall have all powers conferred by law, including the power to sell, call in and convert into money any part of my estate and to invest assets as they see fit.
SIGNATURE
Signed by me, Harry Smith, as my Last Will and Testament:
Signed: ___________________________
Harry Smith
Date: ___________________________
WITNESSES
Signed by the above-named Harry Smith in our presence and then by us in his presence:
Witness 1:
Name: ___________________________
Address: ___________________________
Occupation: ___________________________
Signature: ___________________________
Witness 2:
Name: ___________________________
Address: ___________________________
Occupation: ___________________________
Signature: ___________________________
Important Practical Notes (Very Important)
- Do not use Jake as a witness.
- Your witnesses must be over 18 and independent (not beneficiaries).
- You and both witnesses must all be present together when signing.
- Store the original safely (not stapled, not altered after signing).
A Few Things to Consider
Even with a simple will, you may want to think about:
- What happens if you and your wife die together (this draft covers that).
- Whether you want money held in trust until your children are older than 18 (many parents choose 21 or 25).
- Funeral wishes (optional clause).
- A mirror will for your wife (she should make her own will with similar wording).
Scenario 2: The Complex Will
For the more complex scenario, we tested ChatGPT 5, Grok, and Meta AI. This was designed to test whether the models could handle tenants in common property, life interest trusts, charitable gifts, and pension considerations.
ChatGPT 5 produced the most professionally structured Will. It included a separate revocation clause, executor and trustee appointments with substitute, guardian provision, and a £10,000 gift to Macmillan with a thoughtful fallback clause in case the charity merges or changes name. It correctly identified that the property was held as tenants in common and structured a life interest trust accordingly, giving the wife the right to occupy the property or receive income for her lifetime, with the remainder passing to the children. Trustee powers covered sale, investment, and income application for minors. A 30-day survivorship clause was included and the standard provisions referenced children born or legally adopted after the date of the Will. It did not, however, address pensions or death in service benefits, and provided no detailed inheritance tax advice. These are omissions any practitioner taking instructions would flag immediately. Furthermore, despite the increased complexity of Scenario 2, where the wife was not only executor and trustee but also the life interest beneficiary of the property trust, no advice was given on the inherent tension in that arrangement. A practitioner would routinely discuss whether the wife should serve as trustee of a trust in which she holds the life interest, or whether an independent trustee would better protect the interests of the children.
View full ChatGPT 5 Scenario 2 output
LAST WILL AND TESTAMENT OF HARRY SMITH
I, Harry Smith, of 1 Town Square, Centre, Oldham, Lancashire, OL1 1XD, declare this to be my Last Will and Testament.
1. Revocation
I revoke all former Wills and testamentary dispositions made by me.
2. Executors and Trustees
I appoint my wife, Jane Smith, to be the Executor and Trustee of this Will.
If she predeceases me or is unwilling or unable to act, I appoint my brother Jake Smith to act as substitute Executor and Trustee.
3. Guardians
If at my death any of my children are under the age of 18 and my wife has predeceased me, I appoint my brother Jake Smith to be their Guardian.
4. Specific Gift to Charity
If my wife Jane Smith fails to survive me by 30 days, I give the sum of:
£10,000 (ten thousand pounds)
to Macmillan Cancer Support (registered charity in England & Wales) absolutely.
If the charity has merged or changed name, this gift shall take effect in favour of the successor organisation.
5. Gift of Residue
(A) If my wife survives me by 30 days
I give all my estate (including my share in the property owned as tenants in common) to my Trustees upon the following trusts:
Life Interest Trust for My Wife
- My wife Jane Smith shall have the right:
- To occupy my share of our property for her lifetime; or
- To receive the income from my estate for her lifetime.
- My Trustees may allow sale of the property and purchase of another property for her occupation.
- She shall be responsible for ordinary outgoings (utilities, council tax, maintenance).
Remainder to My Children
Upon the death of my wife, my Trustees shall hold my estate equally for my children:
- John Smith
- Jane Smith
If either child dies before attaining 18 leaving children of their own, that child's share shall pass to their children.
If under 18, their share shall be held on trust until age 18.
(B) If my wife does NOT survive me by 30 days
I give my entire estate (after payment of the £10,000 charitable gift) to my children:
- John Smith
- Jane Smith
In equal shares, absolutely.
If under 18, their share shall be held on trust until age 18.
6. Trustee Powers
My Trustees shall have the full powers given by law, including power to:
- Sell property
- Invest funds
- Apply income or capital for the benefit of my children before age 18
7. Standard Provisions
References to my children include any children born or legally adopted after the date of this Will.
SIGNATURE
Signed by Harry Smith
as his Last Will
in the presence of the undersigned witnesses
who signed in his presence and in the presence of each other:
Harry Smith
Witness 1
Name:
Address:
Occupation:
Signature:
Witness 2
Name:
Address:
Occupation:
Signature:
Grok again delivered the most comprehensive response. Its preamble alone was more detailed than some models’ entire outputs, covering STEP provisions, full trust machinery, survivorship periods, anti-lapse provisions, and the need for a solicitor to finalise. On property, it explicitly advised checking the deeds at HM Land Registry to confirm tenants in common status and noted that if the property is held as joint tenants, the joint tenancy would need to be severed first. This is a critical practical step that catches out even experienced advisers. On tax, it specifically mentioned IHT implications of life interest trusts, including nil-rate band transfers, capital gains tax on sale, and trustee duties. No other model came close. The draft Will itself included the charity’s registered number and address, a detailed life interest trust with property occupation rights, trust provisions for children with age options (18, 21, or 25), a residuary estate clause with per stirpes distribution, references to the Children Act 1989, and trustee powers under the Trustee Act 2000. Yet even Grok, the strongest overall performer, missed the executor-beneficiary question. In Scenario 2, the wife was simultaneously sole executor, sole trustee of the life interest trust, and the life tenant herself. This creates a clear conflict: she would be the person administering a trust from which she personally benefits, with no independent oversight to protect the children’s remainder interest. A practitioner would invariably recommend either appointing a co-trustee or at minimum discussing the implications with the client.
View full Grok Scenario 2 output
Here is a sample outline / draft of a Last Will and Testament for you (Harry Smith), based on standard English legal concepts and common wording patterns from reliable UK sources. This is for information and discussion purposes only — it is not a complete, ready-to-sign legal document, and you must not rely on it as your actual will without professional review and adaptation.
This draft includes the elements you described:
- Your wife Jane as primary executor (with a substitute).
- Guardianship appointment for your brother Jake if both you and Jane die.
- Your share of the house (assuming tenants in common) left on a life interest trust for Jane (right to occupy/income for life), then to your children John and Jane equally when she dies.
- A conditional pecuniary legacy of £10,000 to Macmillan Cancer Support if Jane predeceases you (on first death; many mirror setups omit it on second death unless specified).
- Residue to Jane if she survives you; otherwise to children (with the charity gift triggered first if applicable), held on trust if minors.
Key warnings (again):
- This is a simplified skeleton — real wills need precise clauses for trustee powers (e.g., Standard Provisions of the Society of Trust and Estate Practitioners), full trust machinery, survivorship periods (e.g., 30 days), and anti-lapse provisions.
- Property must be tenants in common (check your deeds via HM Land Registry; sever joint tenancy if needed — it's free/simple).
- Trusts (especially life interest) have IHT implications (e.g., potentially nil-rate band transfer), CGT on sale, and trustee duties.
- Guardianship takes effect only if both parents die (or lose parental responsibility).
- Execution: Must be in writing, signed by you at the foot/end, in presence of two independent witnesses (over 18, not beneficiaries/spouses of beneficiaries) who then sign in your and each other's presence.
- Use a solicitor to finalise, ensure validity, and prepare a mirror will for Jane (identical but roles reversed).
Sample Draft Will for Harry Smith
THIS IS THE LAST WILL AND TESTAMENT of me HARRY SMITH of 1 Town Square, Centre, Oldham, Lancashire, OL1 1XD
- I REVOKE all former Wills and testamentary dispositions made by me.
- I appoint my wife JANE SMITH of the above address to be the Executor and Trustee of this my Will. If she is unable or unwilling to act or predeceases me, I appoint my brother JAKE SMITH of [insert Jake's full address] as substitute Executor and Trustee.
- If my said wife Jane Smith shall predecease me or die within thirty days after my death (whichever shall first occur), I appoint my brother JAKE SMITH [insert address] to be the Guardian of any of my children who have not attained the age of eighteen years pursuant to section 5 of the Children Act 1989.
- Specific Legacy If my said wife Jane Smith shall predecease me, I give free of all duties and taxes the sum of TEN THOUSAND POUNDS (£10,000) to Macmillan Cancer Support of 89 Albert Embankment, London SE1 7UQ (registered charity number 261017) for its general charitable purposes.
- My Share of the Matrimonial Home I give all my undivided share and interest in the freehold/leasehold property known as 1 Town Square, Centre, Oldham, Lancashire, OL1 1XD (registered at HM Land Registry under title number [insert if known; otherwise describe fully]) unto my Trustees UPON TRUST: (a) To permit my said wife Jane Smith (if she shall survive me) during her life to have the free and exclusive right to occupy and reside in the said property (or any property purchased in substitution therefor) without payment of rent but subject to keeping the same in repair and insured and paying all outgoings; and (b) Subject thereto, my Trustees shall hold the said share and the income thereof and any capital money arising from sale UPON TRUST for my children JOHN SMITH (born [approx. 2012]) and JANE SMITH (born [approx. 2019]) in equal shares absolutely if and when they attain the age of [18/21/25 — choose age; often 18 or 21 for bare trust, or later with powers]. If either child predeceases me or dies before vesting, his/her share shall accrue to the survivor(s). My Trustees shall have power to sell the property (with Jane's consent during her life interest if practicable) and invest the proceeds, applying income/capital for her benefit if needed.
- Residuary Estate Subject as above, I give the residue of my real and personal property whatsoever and wheresoever situate (after payment of my debts, funeral and testamentary expenses, legacies and taxes) unto my said wife Jane Smith absolutely if she survives me by thirty days. If she does not so survive me: (a) First, give effect to the legacy in clause 4 (if applicable); (b) Then hold the balance UPON TRUST for my said children John Smith and Jane Smith in equal shares absolutely if and when they attain the age of [18/21/25]. If any child predeceases me leaving issue who survive me, such issue shall take per stirpes the share their parent would have taken. My Trustees may apply income and/or capital for the maintenance, education, advancement or benefit of any minor beneficiary as they think fit (statutory powers apply).
- My Trustees shall have all the powers of investment and management conferred by law (including the Trustee Act 2000) and may employ agents, solicitors, etc., and be paid reasonable remuneration if professional.
IN WITNESS WHEREOF I have hereunto set my hand this [date] day of [month] 2026.
Signed by the said HARRY SMITH
as his Last Will and Testament
in the presence of us both present at the same time who at his request in his presence and in the presence of each other have hereunto subscribed our names as witnesses:
Witness 1: ______________________________
Name:
Address:
Occupation:
Witness 2: ______________________________
Name:
Address:
Occupation:
Take this draft to a solicitor (many offer fixed-fee reviews/adaptations for £100–£300). They can:
- Confirm tenants in common status.
- Add full trust clauses/powers.
- Prepare Jane's mirror will.
- Advise on IHT planning (e.g., transferable nil-rate band).
- Ensure proper execution.
If you'd like adjustments (e.g., different ages for children, backup guardians, funeral wishes), or help finding low-cost solicitors/charity will schemes (e.g., via Will Aid, Free Wills Network, or services from Macmillan itself), let me know. But please — get it professionally checked before signing anything.
Meta’s Scenario 2 response improved on its earlier output but still fell short. It included a revocation clause mentioning codicils, an executor appointment, a life interest for the wife to live in the property “rent-free for life or until remarriage,” and trustee provisions with a vesting age of 25. But it did not discuss tenants in common versus joint tenants, included no survivorship clause, did not recommend a substitute executor, and gave only the most basic witness guidance (“Sign this in front of two witnesses. Get it dated. Store it safely.”). Nothing on inheritance tax or pensions. The Will referenced the Trustee Act 2000 and included a governing law clause, but the drafting lacked the precision a practitioner would expect for a scenario of this complexity.
View full Meta AI Scenario 2 output
LAST WILL AND TESTAMENT OF HARRY SMITH
I, HARRY SMITH, of 1 Town Square, Centre, Oldham, Lancashire, OL1 1XD, revoke all previous Wills and Codicils and declare this to be my Last Will.
I appoint my wife, JANE SMITH, as my Executor and Trustee.
I give, devise, and bequeath my share of the property at 1 Town Square, Centre, Oldham, Lancashire, OL1 1XD to my Trustees to hold on trust:
For my wife, JANE SMITH, to live in the property rent-free for life or until remarriage.
Upon her death, my share to be divided equally between my children, JOHN SMITH and JANE SMITH, absolutely.
I give £10,000 to Macmillan Cancer Support if my wife, JANE SMITH, dies before me.
If my wife, JANE SMITH, dies before me, I give my remaining assets to my children, JOHN SMITH and JANE SMITH, to be divided equally.
If my wife and I die together, I appoint my brother, JAKE SMITH, as the guardian of my children, JOHN SMITH and JANE SMITH, until they reach 18.
My Trustees shall manage my share of the property until my children reach 25, and:
Use the income from my share for the benefit of my children.
Sell my share and reinvest in other assets for the benefit of my children.
I give my Trustees the power to:
Manage and maintain the property.
Invest in other assets.
Use their discretion for the benefit of my beneficiaries.
TRUST PROVISIONS
The trust provisions in this Will apply to my share of the property and other assets held on trust.
EXECUTOR AND TRUSTEE POWERS
My Executor and Trustees have the powers set out in the Trustee Act 2000.
GOVERNING LAW
This Will is governed by English law.
IN WITNESS WHEREOF I have hereunto set my hand this [date] day of [month] [year].
SIGNED by HARRY SMITH in the presence of two witnesses:
Signature: ______________________________
Witness 1: ______________________________
Witness 2: ______________________________
👉 Important:
Sign this in front of two witnesses (not beneficiaries).
Get it dated.
Store it safely.
Benchmark Summary
On validity, only ChatGPT 5 and Grok checked the testator’s age. All models except Meta included a proper attestation clause. Only ChatGPT 5 included testamentary capacity in the Will itself. Every model included a revocation clause and appointed an executor, but Meta failed to recommend a substitute in either scenario, and ChatGPT Free made the serious error of naming minor children as substitutes. On property, only Grok and ChatGPT 5 addressed the tenants in common question in Scenario 2, with Grok going further by advising the user to check their deeds and sever any joint tenancy.
Pensions and death in service was the weakest area across the board. Only Grok mentioned them at all, noting in its Scenario 1 preamble that DIY Wills may not cover pensions or life insurance. No model asked whether death in service benefits had already been nominated. For practitioners, this is perhaps the most significant blind spot, and the clearest demonstration of why professional advice remains essential.
On process, Grok provided detailed storage advice in both scenarios and meaningful IHT guidance in Scenario 2, specifically discussing nil-rate band implications and CGT. ChatGPT 5 gave brief guidance on both. Meta offered minimal advice. ChatGPT Free and Gemini gave none.
Perhaps most striking, however, was a gap that cut across every single model: not one of the five AI chatbots addressed the implications of appointing the wife as both sole executor and primary beneficiary of all the gifts. In Scenario 1, this meant the wife would be administering an estate in which she was the sole recipient of the entire residue, a common arrangement in simple Wills, but one that a competent practitioner would still discuss with the client. The testator should understand that if the wife predeceases or is unable to act, there needs to be a clear substitute in place (which only some models provided), and that appointing her as sole executor with no independent oversight means there is no one to hold the administration to account on the children’s behalf should the primary gift fail.
In Scenario 2, the issue became materially more serious. The wife was simultaneously named as sole executor, sole trustee of the life interest trust, and the life tenant herself. She would be the person making decisions about the property, including whether to sell, how to invest proceeds, and what constitutes “ordinary outgoings”, all while being the direct beneficiary of those decisions. The children, as remaindermen, would have no independent trustee protecting their interest in the capital. Any practitioner taking these instructions would, at minimum, discuss whether an independent co-trustee should be appointed alongside the wife, or whether the wife should be excluded from trusteeship of the property trust entirely in favour of an independent party such as the brother or a professional trustee. The fact that no AI model raised this issue underscores a broader truth: these tools can replicate legal structure and terminology with impressive accuracy, but they cannot replicate the professional judgement that comes from understanding the relationships between the people involved and the practical dynamics of how a Will actually operates after death.
Overall Rankings
Grok (free) was the clear winner across both scenarios. Comprehensive disclaimers, detailed legal guidance, the most thorough drafting, and the only model to meaningfully address property ownership, IHT, pensions, and storage. Remarkably, this was the free version. ChatGPT 5 (premium) came second with well-structured drafting, the only testamentary capacity reference, and competent handling of the complex scenario’s life interest trust. Gemini (premium) was solid but limited. The STEP Standard Provisions reference was a standout, but the lack of supplementary guidance was a weakness for a paid product. ChatGPT Free was adequate in structure but let down by a hallucinated name and the serious error of appointing minors as substitute executors. Meta AI was the weakest performer: overly casual, missing key provisions, and virtually no supplementary guidance.
What This Means for Practitioners
This testing confirms what Will-writing professionals have long suspected. AI chatbots have made remarkable progress in understanding legal structure and terminology, but none of them can produce a complete, legally robust Will without professional review. Even Grok, the best performer, explicitly warned users not to rely on its output as a final document. Meta, the worst, risks giving consumers a false sense of security with documents that lack fundamental provisions.
The gaps that persisted across every model were pensions and death in service benefits (universally ignored or barely mentioned), inheritance tax planning (only superficially addressed by one model), the property ownership question, tenants in common vs joint tenants, the distinction that determines whether a property interest even falls into the estate and, critically, the role of the executor relative to the beneficiaries. No model questioned whether the wife should serve as sole executor when she is also the primary (or sole) beneficiary of every gift, and no model advised on the conflict that arises in Scenario 2 when she is simultaneously trustee and life tenant of the same trust. This is not an obscure technical point. It is a conversation that takes place in virtually every private client instruction involving a spouse, and the fact that AI consistently fails to raise it demonstrates a fundamental limitation in how these tools approach Will drafting: they can follow the testator’s instructions, but they cannot interrogate them.
For clients who arrive having “already done their Will with AI,” this research gives you a clear, evidence-based framework for explaining the value of professional advice. The cost of getting a Will wrong, whether that’s family disputes, invalid provisions, or unnecessary tax liabilities, far outweighs the cost of doing it properly. AI is a tool, not a replacement. Treat its output as a conversation starter, never a finished document.