Written by Sam Pendergast, Senior Associate
AI is steadily on the increase with tools such as ChatGPT and CoPilot being the first choice as search engines. These tools are making legal information more accessible than ever. With a simple prompt, AI can generate documents, explain legal concepts and even give legal advice on how to lodge a caveat and dispute a Will. But when it comes to estate litigation, relying on AI instead of getting real legal advice can become a very expensive mistake.
We've seen a growing number of people attempting to represent themselves by using AI tools, particuarly in Will disputes. While AI is great for providing generalised information, it cannot provide legal advice tailored to your circumstances and should not be relied on for that purpose.
The danger of DIY caveats and claims
A caveat is a serious legal document that can prevent an estate from being distributed. It should only be lodged where there is a proper legal basis for doing so.
Many people ask AI chatbots if they can lodge a caveat and dispute a Will. Whilst this is okay, some people take it a step further and use AI's generalised information as legal advice to represent themselves, only to discover later that they did not have sufficient grounds to lodge a caveat in the first place. This can delay the administration of the estate and cause unnecessary legal costs for themselves and beneficiaries.
The real cost of self-representation
One of the biggest misconceptions is that representing yourself is a low-risk option. In reality, it can become very costly. If the court determines that a claim or caveat should never have been brought, the person responsible may be ordered to pay substantial legal costs.
Those costs can include their own filing and court fees, the executor's legal costs, the legal costs of beneficiaries affected by the dispute and costs associated with removing an improperly lodged caveat.
In some cases, what began as an attempt to save on legal firm fees can result in bills worth thousands of dollars.
AI cannot replace legal judgement
Disputing a Will is not simply about wanting extra from an estate. Every matter is different and although you may feel you deserve more, the law may not agree.
A caveat is one of many levers a person can pull in an attempt to assert their rights against an estate, but as detailed above, there are real cost consequences to pulling the 'caveat lever', when your rights would have been more appropriately advanced by other means.
AI tools cannot evaluate all aspects of a potential claim like a lawyer can, and they cannot strategically think about the best practice for approaching a Will dispute. Before lodging a caveat, contesting a Will or making a family provision claim, it is essential to understand not only where you can act, but whether you should.
Maddens Lawyers are here to help
We are finding clients are commonly arriving at our firm with a broader understanding of potential legal pathways given the accessibility of AI-generated summaries. However, we are also finding that those clients arrive favouring a particular pathway or option, such as a caveat, solely based on advice from generative AI.
AI can be a useful tool to understand legal terminology and processes, but it is not a substitute for legal advice. Estate litigation carries significant risks if not lodged properly, and mistakes can be costly. We suggest you arm yourself with research to understand your options but seek professional advice prior to taking any formal legal action.
Before taking steps to represent yourself, speak to Sam or Brendan, our trusted Will Disputes team today. With experience on their side, they will be able to determine if you have a legitimate claim and guide you through the process, ensuring no deadlines are missed and no costly errors are made.
