Digital Deceptions: Estate Planning in the Age of Deepfakes

Written by Jessica Spenik, JD

Artificial intelligence (AI) technology is rapidly expanding across the globe, as demonstrated by media coverage, corporate announcements, advertising campaigns, increased adoption of AI in consumer products, growing research and development investments, and widespread integration of AI into educational and organizational systems. It is no secret to those in the legal field that generative AI is having a massive impact on our industry, evidenced by the large number of continuing legal education offerings and conferences centered on this fast-growing technology. 

Many attorneys have experimented with generative AI technology within their law firms to create marketing content and increase efficiency in managing day-to-day tasks. Although generative AI technology is shaping the future of the practice of law by providing helpful tools, it has also introduced a frightening new reality as its capabilities rapidly evolve. Deepfake technology, a form of AI-generated video, audio, or imagery that convincingly mimics real people, is now widely available to the public, creating concern across many sectors. As with any other new technology, there are useful applications of deepfake technology, but there are also bad actors who utilize this technology for various forms of exploitation. 

For estate planning attorneys, the implications of deepfake technology are profound: How do we ensure that our client’s wishes are accurately represented and that malicious actors cannot exploit this emerging technology in the realm of estate planning? This article aims to educate estate planning practitioners about what deepfakes are and how they might affect the estate planning process. In addition, it provides some best practices to prevent and combat the misuse of this rapidly evolving technology . . . 

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