---
title: "List what to tell a client about a tool-written will"
url: "https://ailawframework.com/practice/wills-estates-probate-and-succession/draft-a-warning-to-clients-about-ai-generated-wills/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A17-B8-1-US"
practice_area: "Wills, Estates, Probate & Succession"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# List what to tell a client about a tool-written will

> 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.

Canonical page: https://ailawframework.com/practice/wills-estates-probate-and-succession/draft-a-warning-to-clients-about-ai-generated-wills/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Wills, Estates, Probate & Succession](https://ailawframework.com/practice/wills-estates-probate-and-succession.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| 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 | United States |
| Applies to | [Draft a warning to clients about AI-generated wills](https://ailawframework.com/practice/wills-estates-probate-and-succession/draft-a-warning-to-clients-about-ai-generated-wills.md) |

## Checking plan

- What the AI does: 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.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- Some states allow a will that is not witnessed. Do not export § 6110 into those states.
- The checklist is an internal prompt. The client letter is yours.

## Sources

- [California Probate Code § 6110 (execution of a will)](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=6110) (checked 2026-10-22)
- [California Probate Code § 6100.5 (mental competence to make a will)](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB&sectionNum=6100.5) (checked 2026-10-22)
- [ABA Formal Opinion 512, Generative Artificial Intelligence Tools (29 July 2024)](https://www.americanbar.org/content/dam/aba/administrative/professional_responsibility/ethics-opinions/aba-formal-opinion-512.pdf) (checked 2026-10-22)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*