Expectations of professionals in trusts and estates are rising, at the same time as families encounter more errors from artificial intelligence tools and more advice from unregulated providers. The right response rests on trust, confidentiality, accountability and high professional standards.
What has changed
Families can now generate a draft will or a summary of trust law in seconds. These tools can be useful for preparing questions, but they produce documents and explanations that may be wrong for the jurisdiction, out of date, or inconsistent with the family’s other arrangements. Errors in a will or trust deed often only become apparent after death, when they can no longer be corrected by the person who made them.
At the same time, wealth structuring services are offered by a range of providers who may not be subject to professional regulation, insurance requirements or duties of confidentiality.
Why regulation matters
In Australia, legal practitioners are regulated. They must hold a practising certificate, maintain professional indemnity insurance, comply with conduct rules, keep client information confidential, avoid conflicts of interest and hold client money in regulated trust accounts. Communications with a lawyer for the purpose of legal advice are generally protected by legal professional privilege. Clients have access to a complaints process. These protections are not available when a family relies on an AI tool or an unregulated provider.
Responsible use of AI by advisers
AI can make professional work more efficient, for example in summarising documents or organising information. Used responsibly, it remains under the supervision of a qualified person who checks every output, and client information is protected from disclosure. Families are entitled to ask their advisers how AI is used in their matter and how their confidential information is handled.
Questions to ask an adviser
- Are you regulated, and by whom? Do you hold professional indemnity insurance?
- Is my information confidential, and is it protected by legal professional privilege?
- How will my documents in Australia work with my arrangements in other countries?
- Who reviews the work, and how is AI used in preparing it?
- What experience do you have with matters of this kind? Can you describe, without identifying anyone, how a similar matter was approached?
How we assist
Chua Tan Associates is an Australian law practice regulated in Victoria. We prepare and review wills, powers of attorney and trust documents, including documents first drafted with online tools, and coordinate with regulated advisers in other jurisdictions. We provide services in Mandarin, Cantonese and English. For our approach to choosing the right adviser, see why experience across planning, litigation and mediation matters. Justin Chua is a Nationally Accredited Mediator and an Affiliate member of STEP.
Frequently asked questions
Can I use an AI tool to write my will?
An AI tool can help you prepare questions, but a will drafted this way may not meet Victorian formal requirements or deal correctly with trusts, companies and overseas assets. A lawyer should review any will before it is signed.
What protections do I have when using a lawyer rather than an unregulated provider?
Lawyers must hold a practising certificate and professional indemnity insurance, keep your information confidential, avoid conflicts, hold your money in regulated trust accounts and comply with conduct rules. Legal advice is generally protected by legal professional privilege.
Should I ask my adviser how they use AI?
Yes. It is reasonable to ask how AI is used in your matter, who checks its output, and how your confidential information is protected.
Can you review a will prepared online or overseas?
Yes. We review wills and powers of attorney prepared with online tools or by advisers in other countries, to confirm whether they are valid in Victoria and how they work with the family’s other arrangements.
Chua Tan Associates advises families, executors, trustees and their professional advisers on estate planning, estate administration and estate disputes, in Australia and across borders. To arrange a confidential consultation, please contact our Melbourne office on +61 3 9602 3988 or submit an enquiry. Advice is available in English, Mandarin and Cantonese.
Justin Chua (蔡智勋), lawyer and mediator, Chua Tan Associates, Melbourne. General information only, not legal or tax advice. Victorian law unless stated otherwise.
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