List what to tell a client about a tool-written will
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Build a checklist from Probate Code §§ 6110 and 6100.5 and Opinion 512: writing, signature, two witnesses present together, and capacity. Write no warning letter.
- What the lawyer must review
- You tell the client. Section 6110(a) requires a writing that satisfies the section, except as that part provides. Section 6110(c)(1) requires two witnesses, present at the same time, who witness the signing or the acknowledgment and understand they are signing the testator's will. Section 6100.5(a) states two ways an individual is not mentally competent: lack of capacity to understand the testamentary act, recollect the property, and remember the relations to living descendants, spouse and parents and those whose interests are affected; or a mental health disorder with delusions or hallucinations that cause a disposition the individual would not otherwise have made. Opinion 512 does not let a public tool replace that judgment. A tool-written document is not a will until you decide it meets the statute.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Potential support includes identifying points for review. Confirm the tool’s capability and permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Confirm instructions and personal circumstances through appropriate direct engagement. Have the responsible lawyer assess safety, capacity or vulnerability concerns and escalation.
- Verify the applicable jurisdiction and the version of each relevant law, rule or instrument in force at the material time.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.