Help over Hype: LegalShield Study Finds More Americans Have a Will, but Remain Wary of Technology’s Role in Estate Planning

• 76% want real-time, live interaction with a lawyer for estate planning
• Majority distrust AI’s capability to create accurate, protected, valid wills
• Digital assets often overlooked, posing risks for heirs

Against a backdrop of news lauding developments in AI and its potential uses in the legal sector, a study by LegalShield revealed skepticism toward the use of new software solutions for will development. Even as an increasing number of Americans are actively engaged in estate planning, more than three quarters of respondents revealed a strong inclination for live consultation with an attorney.

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LegalShield's annual Make-A-Will Month consumer survey finds more Americans have a will but remain skeptical of technology's role in estate planning. Majority of respondents prefer live consultation with an attorney for their estate planning needs and wishes. (Graphic: Business Wire)

“Everyone’s situation and context are unique, especially when it comes to drawing up your life plans,” said Warren Schlichting, LegalShield CEO. “If there’s ever a time to listen and empathize, it’s during the delicate process of estate planning and choosing beneficiaries in your will – no software can do that.”

More Wills and More Ways to Make Them: Digital Distrust Dominates

According to the July study, nearly 20% more people have a will this year than last year, and while some respondents expressed comfort using online tools in the will development process, a whopping three out of four respondents (76%) cited a preference to speak live with a legal professional for wills and estate planning, either in person or over the phone.

The study further revealed that Americans are wary of relying on technology like AI to write a will; more than half of respondents cited multiple concerns about using AI, including its ability to create an accurate document (58%), protect their information (55%), and create a legally valid document (58%).

That doesn’t mean there isn’t a place for AI in the legal landscape.

“AI is a helper, not a solution, and I don’t see that changing,” said Ashley Higginbotham, supervising attorney with Deming Parker LLC, a LegalShield provider firm. “While we use a variety of digital tools to gather and organize information from our clients, our superpower is listening to our clients’ intentions and applying our legal expertise to ensure their will or trust protects them and their loved ones.”

“Listening isn’t transactional – it’s not just about pressing the right buttons or providing the right prompts -- it’s about context and nuance. A conversation is the best path to ensure true understanding of our clients’ concerns, and to make sure they retain control over their legacy, not the state,” said Higginbotham.

Outdated and Overlooked: The Challenge of Online Legacies

The study also found most Americans overlook their online assets in estate planning, with 58% of respondents not considering what would happen to their digital assets after death.

"Digital assets are rapidly becoming a crucial part of most estates, and people accumulate more each year," Higginbotham said. "A loved one's online accounts are often irretrievable after death, so working ahead of time to create a plan, contact financial institutions to establish beneficiaries, and record clear instructions are a critical part of the estate planning process."

Through its network of law firms, LegalShield handles tens of thousands of estate planning calls each month, including trusts, wills, and powers of attorney, and offers various options, including online tools, phone consultations, and in-person meetings. However, creating an estate plan is just the first step. More than a third (39%) of Americans haven't updated their will in three years or more and given how rapidly Americans’ lives – and assets – are moving to the digital space, a regular update schedule is essential.

"It’s not clear what’s worse, not having a will, or not updating your will," said Schlichting. "It's not about wealth or how tech savvy you are; it's about taking and maintaining control of life's uncertainties and providing a clear roadmap for your loved ones."

Methodology: LegalShield surveyed 1,252 U.S.-based adults, age 18 and older, in July 2024. The sample was balanced by age, among other demographic variables, according to the U.S. Census.

About LegalShield:

For more than 50 years, LegalShield has provided everyday Americans with easy and affordable access to legal advice, counsel, protection, and representation. Serving millions, LegalShield is one of the world's largest platforms for legal, identity, and reputation management services protecting individuals and businesses across North America. Founded in 1972, LegalShield, and its privacy management product, IDShield, has provided individuals, families, businesses, and employers with tools and services needed to affordably live a just and secure life. Through technology and innovation, LegalShield is disrupting the traditional legal system and transforming how and where people receive legal guidance and services, with access to thousands of qualified, trusted attorneys and law firms. LegalShield and IDShield are products of Pre-Paid Legal Services, Inc. To learn more about LegalShield and IDShield, visit LegalShield.com and IDShield.com.

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