In the field of succession law, artificial intelligence (AI) is emerging as a powerful tool that transforms the daily practice of law firms. From automating complex processes to identifying digital assets, AI promises efficiency and accuracy. However, it also presents new challenges, such as professional liability and the risks associated with reliance on automated systems. In this article, we explore the current uses of AI in this field and the inherent risks, framed within the European regulatory context of the AI Act.
Automation of Partition Books
In our daily practice, the automation of partition books through AI tools is revolutionizing succession law firms. These systems allow for the generation of complex documents more quickly and accurately, minimizing human errors and freeing up time for in-depth legal analysis. Automation relies on algorithms that can process large volumes of information, such as inventories of assets, liabilities, and legacies, applying the relevant succession laws.
However, this automation is not without risks. Over-reliance on these systems can lead to errors if the input data is incorrect or if the algorithm does not adequately adjust to the specifics of each case. The ultimate responsibility lies with the professional, who must review and approve any documents generated automatically. Recent jurisprudence from the Supreme Court, such as STS 123/2025, emphasizes the importance of human review in automated processes to avoid negligence.
Detection of Digital Assets
Digital assets are becoming increasingly significant in modern inheritances. AI offers solutions to detect these assets that often go unnoticed: cryptocurrencies, accounts on digital platforms, and other intangible goods. Through AI, it is possible to track the presence of these assets by analyzing patterns of financial and digital activity.
Although this technology is promising, it raises a dilemma of privacy and security. AI systems must comply with the General Data Protection Regulation (GDPR) to protect the personal information of the deceased. Additionally, there exists a gray area regarding the ownership and access to these assets, which can lead to litigation if not handled properly. The doctrine is still not unanimous regarding how these assets should be integrated into a property inventory.
Assisted Drafting of Deeds
AI tools for assisted drafting of succession deeds represent a significant advancement, allowing lawyers to generate drafts that comply with legal formalities and adapt to the specific needs of each succession. These systems utilize language models that facilitate the customization of clauses and particular conditions.
However, the 'hallucination' of AI models—the generation of incorrect or misleading content—is a latent risk. This phenomenon can result in the inclusion of inappropriate clauses or the omission of essential provisions. The responsibility again lies with the professional, who must verify the accuracy of the documents and ensure their legal compliance. The European AI Act, still in the process of finalization, could establish stricter guidelines for the use of AI in this context.
Analysis of Tax Risk and Compliance
AI also finds application in the analysis of tax risks and compliance in succession matters. Advanced tools can identify potential risks of incorrect tax settlement, applying current regulations to inherited estates and detecting possible non-compliance.
The General Directorate of Taxes (DGT) has issued recent resolutions in 2025 that underscore the importance of correct declaration and settlement of taxes in successions with international elements. AI can assist law firms in meeting these requirements, although the professional must be aware of the limits and scopes of these tools to avoid sanctions or litigation for tax violations.
- Always verify input data in automated systems.
- Manually review documents generated by AI before submission.
- Ensure compliance with GDPR when handling personal data.
Artificial intelligence is redefining the practice of succession law, offering both opportunities and challenges. In this changing environment, tools like LexPartis enable professionals to manage these processes, bringing rigor and efficiency to our daily work. Adopting these technologies with caution and knowledge is essential to maximize their benefits and minimize their risks.