AI and the risk of losing privilege

Artificial intelligence is increasingly becoming part of everyday professional life, from drafting emails and analysing documents to supporting investment decisions. But what happens when trustees begin to rely on these tools?

In a recent article for the STEP Journal, Rory Carter explores some of the legal and practical issues that arise from the use of AI in a trusts context. In particular, he considers whether uploading information to AI systems could put legal professional privilege and confidentiality at risk, and examines the challenges AI may present when trustees are exercising discretionary powers or overseeing delegated investment functions.

As AI adoption continues to accelerate, trustees face an important balancing act: embracing technology’s efficiencies while ensuring that decision-making remains robust, independent and consistent with their fiduciary duties. Rory Carter argues that AI should be used to support human judgment, not replace it, and highlights the need for careful governance and oversight as these technologies become more embedded in trust administration.

The full article, Privilege lost, was first published in the STEP Journal and can be read here.