As artificial intelligence (AI), blockchain, and digital automation transform every corner of the legal industry, estate planning is poised for disruption. The promise of “smart wills,” AI-generated documents, and blockchain-based trusts is creating buzz, offering futuristic solutions that claim to simplify, automate, and even eliminate the need for traditional legal processes.
But as attractive as these innovations may sound, they also raise serious legal, ethical, and practical concerns. At the heart of these conversations is a critical truth: technology can assist, but it cannot replace the insight, foresight, and legal judgment of an experienced estate planning attorney.
In this post, we’ll explore what smart wills and blockchain trusts are, how they might work, and why estate attorneys remain essential.
What Is a Smart Will?
A smart will is a theoretical concept referring to a digitally drafted and self-executing estate document, created using artificial intelligence. In some models, it would:
- Be generated by answering a series of questions through an online platform
- Use algorithms to determine distribution of assets
- Automatically notify beneficiaries upon death
- Possibly integrate with state death records or digital death certificates
- Potentially execute portions of the estate plan without going through probate
The idea is similar to smart contracts (self-executing agreements on the blockchain that trigger certain outcomes when predetermined conditions are met).
While some online will platforms already use rudimentary forms of AI to populate forms, true smart wills do not yet exist in a legally enforceable format in any U.S. jurisdiction.
What Is a Blockchain Trust?
A blockchain trust is a more developed and plausible innovation. It involves storing the terms and execution records of a trust on a decentralized ledger, using blockchain technology to enhance:
- Security
- Transparency
- Immutability
- Speed of execution
For example, when certain criteria are met (e.g., a beneficiary reaches a certain age or a death is recorded), a blockchain-based system could automatically transfer digital assets or notify trustees without human intervention.
Cryptocurrency, NFTs, and other digital-native assets are already managed through smart contracts and crypto wallets, which raises new questions about how those tools intersect with traditional estate planning.
The Promise of Digital Estate Planning
Proponents of AI-powered estate tools and blockchain-based trusts claim they offer:
- Lower costs by reducing attorney fees and probate expenses
- Faster execution without delays or human error
- Universal accessibility for people with limited legal knowledge or geographic access
- Automation of asset transfers, particularly for digital property
- Tamper-proof documentation recorded on blockchain networks
In theory, this sounds revolutionary. But the practical and legal reality is far more complex, especially when it comes to enforceability, security, ethics, and family dynamics.
Why Technology Alone Falls Short in Estate Law
Estate planning is not a one-size-fits-all process. Even in cases that seem simple on paper, underlying family tensions, asset complications, and legal nuances often demand professional judgment.
Here’s why attorneys remain indispensable, even in a tech-enhanced future:
1. Legal Enforceability Still Requires Human Oversight
No state, including Maryland, currently recognizes AI-generated or blockchain-executed wills and trusts as legally binding unless properly witnessed, signed, and notarized according to state law. Maryland requires:
- A written will
- Signed by the testator
- Witnessed by two competent individuals
Even the most advanced smart will generator cannot replace these statutory requirements, nor can it defend a will from legal challenges like undue influence or mental incapacity.
2. Estate Law Is Deeply Human and Often Emotional
AI can’t interpret complicated human dynamics, such as:
- Why a child is being disinherited
- Whether two siblings should receive unequal shares
- How to avoid a fight between a surviving spouse and stepchildren
- How to preserve sentimental heirlooms or family properties
- How to recognize and navigate unresolved family trauma that influences inheritance decisions
- Whether a caregiver relationship was exploitative or genuinely supportive
- How to handle the unequal financial needs or life circumstances of adult children
- When it’s appropriate to involve a neutral third party in trust administration due to family tension
Experienced attorneys bring empathy, diplomacy, and conflict-avoidance strategies that no algorithm can replicate.
3. Digital Assets Still Require Human Legal Strategy
While blockchain is ideal for managing digital currency and NFTs, most people own a mix of traditional and digital assets, like homes, vehicles, investments, retirement accounts, personal property, and more.
Only an attorney can advise you on:
- Titling property for probate avoidance
- Minimizing Maryland estate or inheritance tax
- Naming proper beneficiaries across different account types
- Protecting assets from lawsuits, divorce, or spendthrift heirs
Smart contracts cannot coordinate across courts, banks, retirement custodians, or property titles.
4. DIY Tech Increases the Risk of Mistakes and Litigation
In estate law, mistakes often aren’t discovered until it’s too late to fix them. This includes:
- Missing signatures
- Improper witnessing
- Outdated documents
- Conflicting beneficiary designations
- Failure to address all assets
These oversights can result in court battles, disinherited family members, and thousands in legal fees. An estate planning attorney helps you avoid these risks.
The Future: A Hybrid Approach
The future of estate law isn’t about artificial intelligence replacing attorneys. It’s about attorneys harnessing AI and digital tools to better serve their clients. Forward-thinking law firms are already using document automation to streamline routine drafting, leveraging AI for faster legal research and compliance review, incorporating blockchain for secure digital asset tracking, and embracing e-signature and remote notarization tools to make the planning process more accessible.
These advancements can significantly improve efficiency, reduce human error, and enhance the overall client experience. However, technology alone is not a substitute for sound legal judgment.
These tools are most effective when used under the guidance of a skilled estate planning attorney who understands the nuances of law, family dynamics, and individualized client goals.
How Maryland Attorneys Are Adapting to Tech in Estate Planning
At Blackford & Flohr, we stay on the cutting edge of estate planning law while remaining grounded in proven legal principles. We help clients with:
- Secure planning for cryptocurrency and digital assets
- Navigating Maryland’s estate and inheritance tax laws
- Structuring trusts that protect wealth for future generations
- Preparing wills and powers of attorney that hold up in court
- Guiding executors and trustees through every legal obligation
We welcome technology, but we never compromise the personal, strategic, and legal insight each client deserves.
Contact a Maryland Estate Planning Attorney Today
Whether you’re curious about emerging estate technologies or need trusted guidance to craft a legally sound, future-proof estate plan, Blackford & Flohr is here to help. Our experienced Maryland estate planning attorneys combine legal insight with modern tools to protect your assets, reduce conflict, and ensure your wishes are honored now and in the future.
Call us today at (410) 647-6677 or reach out online to schedule your personalized consultation. Let’s create a plan that stands the test of time, even in the digital age.
