Will Writer

Terms of Engagement

This company is compliant with the IPW’s Code of Practice which is approved by the Chartered Trading Standards Institute.

DEFINITIONS                                                                                                                 

Company shall mean Will Planning Solutions Limited, Client shall mean you; you and your shall mean the Client; IPW means the Institute of Professional Willwriters the professional body of which this company is a member and operates and complies with its Code of Practice. Will or Will(s) shall include any other document or documents provided by us that are prepared in accordance with your instructions.

PROCEDURES

  1. Making your Will normally requires two appointments, firstly taking your detailed instructions and giving appropriate advice on matters relating to the preparation of them and secondly supervising the signing of them by you when they are ready. Any queries or questions will be answered and a full explanation given on the contents and terminology used in them.

COMPANY UNDERTAKINGS TO YOU

  1. To provide you with the best advice on matters relating to the preparation of your Will. In some cases this may mean advice to draw up other documents, or take other action, which may incur further fees and may involve work to be carried out by outside parties, such as solicitors. In such cases full details of such charges will be given to you in advance. You are under no obligation to proceed with any ancillary services offered but in some circumstances you may be asked to sign a declaration stating that you are acting against the advice given.

2.1   The Company has Professional Indemnity Insurance cover of 2million to cover claims and losses worldwide (except in the United States and Canada) arising as a result of any negligent act by it. Should you have any queries regarding the insurance, please contact Johnston Park McAndrew at Fifth Floor Trinity Point New Road Halesowen B63 3HY.

2.2 The Company has Public Liability Insurance of 5million to cover claims and losses or damages worldwide (except in the United States and Canada) arising from action by it. Should you have any queries regarding the insurance, please contact Johnston Park McAndrew at Fifth Floor Trinity Point New Road Halesowen B63 3HY.

2.3   To retain its client files for a period of not less than six years after a clients death.

2.4 To comply with the IPW Code of Practice, copies of which may be obtained free of charge from either the Company or the IPW at Trinity Point New Road Halesowen West Midlands B63 3HY. Any instance of non-compliance of the Code by the Company should immediately be brought to the attention of the IPW.

2.5   The Company reserves the right to withdraw from any transaction if it is unable to complete any transaction in whole or in part but if it does so, it will write to you immediately and you will not be liable to pay any fees.

2.6 The costs of correcting any error or omission on the part of the Company shall be borne entirely by the Company.

2.7 The Company will provide advice free of charge in matters relating to this transaction for its lifetime.

FEES AND PAYMENT

3.1   Before we proceed with your instructions we confirm that the fee quoted on our price list provided to you is fixed and guaranteed and valid for 60 days. We think it is important you know exactly what you are paying for and why.

3.2   There will be no increase in fees after your initial payment without your prior express consent.

3.3   Payments may be made by bank transfer, cheque, credit/debit card, or cash (subject to compliance with Money Laundering Regulations 2007).

3.4   Where part of the fee paid to the Company is for services provided by an external solicitor or other external party we will receive that part from you as Agent and forward it to them. Accordingly you will receive a separate Terms of Engagement agreement from them and a separate VAT receipt for any payment made to them.

3.5   Occasionally part of our fee may be paid to a third party by way of a marketing fee and similarly we may receive a fee for introducing you to a third party who provides services to you. If required, further details can be obtained upon request in writing.

3.6   When the service of an interpreter is required the cost incurred is solely the responsibility of the client.

TIMESCALES INVOLVED

  1. To produce your draft Will and other draft legal documents (as required) within 7 working days of the expiry of your cancellation period (or the date when you have provided full instructions to produce your Will, if later). The draft copy may be provided to you in person at our head office, or by post, or electronically, as agreed with you.

4.1   To have your final documentation ready for signature 10 working days after the expiry of your cancellation period (or the date when you have provided full instructions to produce your Will, if later) The final copy may be provided in person at our head office, or delivered to you at your home at a later date as agreed with you.

4.2   Where circumstances arise that are outside of the Companys control which result in a delay beyond this period, you will be given a full explanation and the documents produced as soon as is possible. We cannot confirm set time periods for work that is outside of our control where we have to rely on an external body or Government organisation to provide us with necessary information. This may or may not include work carried out by an external solicitor or other external party.

4.3   You will be provided with a draft copy of your Will with or prior to your final copy. Any spelling error or other drafting error on our part brought to our attention by you will be rectified free of charge. If we do not correct an error on our part within 10 working days of written notification from you then you may have the correction done elsewhere and any reasonable costs will be reimbursed by us, not exceeding the original fee quoted by us.

4.4   If we fail to meet these timescales you will be entitled to cancel the contract in writing, or at your own discretion renegotiate with us. The Company will not accept liability for any consequences arising from delay on your part or the supply of incorrect information in the first instance.

DISCLOSURE OF INFORMATION AND CONFIDENTIALITY

  1. The Company shall maintain the strictest confidentiality and will not pass on your personal information to any other organisation without your express permission. The Company is registered under the Data Protection Act 1998 and is compliant with the requirements of the General Data Protection Regulations that came into force on 25th May 2018.

5.1   We may need to provide important information and guidance to parties named in your Will and/or the offer of our services but before we do you must give us your written permission to do so.

USE OF PERSONAL INFORMATION

  1. The legal basis on which any personal information that the Company collects from you, or that you provide to it, will be processed is as    follows. This information may be collected during meetings, by completing a contact form on the Company website, in correspondence or in telephone conversations.

6.1 Personal information may be processed by the Company for a number of legitimate purposes, including (i) To carry out its obligations under this agreement, (ii) To provide you with information, products and/or services which the Company believes may be of interest to you, provided that you have given your consent, (iii) For accounting purposes and statistical analysis.

6.2 The Company will maintain client files for a period of 6 years after your death, or for a period of 6 years after you have notified us in writing that your document(s) have been revoked, whichever event occurs first.

6.3 The Company may disclose your personal information to its partner firms and/or sub-contractors who it relies on to be able to provide its services to you, but in doing so it will ensure that they apply the same or greater controls in terms of data protection as the Company does.

6.4 The Company may also disclose your personal information in the following circumstances, (i) If the Company or substantially all of its assets are acquired by a third party, in which case personal information held by us about our customers will be one of the transferred assets, (ii) To prevent fraud or if required to do so by law.

6.5 Other than as provided in sections 6.1 to 6.4 above, the Company will not disclose any personal information to anyone outside of the Company without your specific permission.

6.6 Whenever the Company processes personal information as described in sections 6.1 to 6.4 above it will ensure that it always keeps the Personal Data rights of you and anyone whose personal information that you provide in high regard and will take account of these rights. You have the right to object to this processing and if you wish to do so, please contact the Company at the address below. Please bear in mind that if you object, it may affect the ability of the Company to carry out its obligations under this agreement and/or to provide products or services to you.

6.7 The Company has appropriate security in place to protect all personal information of its clients.

6.8 You have a right to request a copy of the personal information provided by you that the Company processes. If you would like a copy of some or all of this personal information, please contact the Company at our registered address below.

6.9 The Company wants to make sure that personal information that it processes is accurate and up to date and you may ask it to correct or remove information that you think is inaccurate.

6.10 If you wish to raise a complaint on how your personal information has been handled, please contact us and we will investigate further. If you are not satisfied with our response or believe we are not processing your personal information in accordance with the law, you can complain to the Information Commissioners Office (ICO), https://ico.org.uk and telephone helpline 0303 123 1113.

EXPRESS SERVICE

  1. You may require your documents urgently and instruct us to commence drafting prior to the expiration of your cancellation period. In these circumstances your cancellation rights end immediately we commence any drafting work.

RIGHT NOT TO ACT

  1. The Company reserves the right to refuse to process some or all of the legal documentation for you at its absolute discretion. If we do decline to act or decline to prepare a specific document then we will say so in writing and no fee will be payable. The Company will make a full and prompt refund to you in these circumstances.

SIGNING YOUR DOCUMENTS

  1. The Company offers one free Attestation Service at your home, by appointment. If we attend this appointment but cannot complete the documentation because witnesses are not present (or other reason beyond our control) then a charge will be made for any further Attestation Service at your home.

9.1   The Company offers a non-chargeable Attestation Service to supervise the signing and witnessing of the documents prepared by us at our offices, this is by appointment only.

9.2   The Company will not accept responsibility for any loss caused arising out of failure to ensure the validity of your Will where the Attestation Service has failed by reason not attributable to us and the execution not supervised by an agent of the Company. The signing of your Will (the execution) must be carried out according to the law of England and Wales in order for your Will to be valid. You are invited to utilise the Companys Attestation Service, or return your Will to the Company for checking, at our expense, after execution. However the Company will be unable to ensure that the correct procedure has been followed unless you use the Attestation Service.

YOUR OBLIGATIONS TO US ARE

  1. In order for the Company to provide accurate advice and to produce an effective legal document you are required to disclose all relevant facts and answers to all questions asked. The Company shall not accept any liability in respect of information which was not disclosed, and therefore not documented by the person taking your instructions which comes to light at a later date as being of relevance and which may effect the validity or content of your Will, or advice given. You confirm that you will check the instructions for correct spelling and accuracy before you sign the Company instruction form or this Terms of Engagement.

10.1 To pay for and arrange the services of an interpreter if one is required, we recommend you ensure that the person you have chosen is properly trained, qualified and carries professional indemnity insurance since we will not accept any responsibility for any error on their part.

10.2 To read through the copy Will, and other documents provided to you, to confirm that they correctly reflect your wishes as to the distribution of your estate and that the names and addresses of the persons mentioned in them are correct.

10.3 It is your responsibility to return any documents requiring amendment to the Company within five working days of receipt. If you fail to return the documents to the Company, the Company shall accept no liability for any error or omission on them.

10.4 To notify the Company if you do not receive your draft Will within 21 days of the date of your receipt unless otherwise agreed by you.

10.5 If you need to send us your property title deeds you must deliver them personally to our Company head office, or alternatively we recommend you use an insured carrier at your own expense. The Company will not accept any liability for loss in transit. The Company will confirm safe receipt of your title deeds once delivered but not the completeness or content of them.

10.6 To pay the agreed fee in full on completion of taking your instructions.

10.7 If you are using the Attestation Service at home, you should arrange for the Witnesses to be present at the time of the appointment for the signing of your document(s).

10.8 To provide the Company with acceptable proof of identification to enable the Company to comply with the Money Laundering Regulations 2007.

10.9 To sign a copy of this Terms of Engagement on the date you give your instructions for retention by the Company to confirm youre acceptance of them.

SAFE DOCUMENT STORAGE

  1. The Company offers a document storage service (through its sister company WPS Leicester Ltd.) but does not accept any liability or obligation to advise you of any changes in legislation or taxation which may affect you either directly or indirectly that could necessitate a change to your Will. Your Will should be reviewed at least once every three years and on the occasion of any material change in your circumstances, such as divorce, marriage, the birth of children, or the inheritance of a large sum of money etc. This list is not exhaustive.

11.1 You may retrieve your own documents from storage at the office of the Company free of charge, by prior appointment only, and subject to production of suitable identification. Any overdue storage payments must be settled before any documents are released.

11.2 You may request in writing (bearing your signature) for us to return your documents to you to a UK mainland address using Royal Mail Recorded Delivery postal service for a fee of five pounds (or at the cost to the Company if greater). This must be paid to us in advance, including any overdue storage payments. We will not accept any liability for any loss of documents beyond our control.

11.3 You may request in writing (bearing your signature) for us to return your documents to you by Royal Mail Special Delivery postal service in the UK (or to an overseas address) for a fee of ten pounds (or at the cost to the Company if greater). This must be paid to us in advance, including any overdue storage payments. We will not accept any liability for any loss of documents beyond our control.

11.4 For an Executor or other authorised Personal Representative to retrieve documents from storage we will follow the above procedure but will also require proof of identity, confirmation of your death and a signed indemnity form/receipt from your Personal Representative.

11.5 Clients with a storage account may amend documents from time to time free of legal charge (amending is limited to altering existing clauses and not to incorporating additional clauses). There will be a postage and handling fee, which is currently 9.50 per person (and may be varied from time to time to reflect increased postage and materials cost). There will be no charge at all if you collect your documents from our office by prior appointment.

CLIENT CARE/COMPLAINTS PROCEDURE

  1. The Company is committed to providing you with a high quality service. An essential part of that service is that we will communicate effectively with you and that you are kept informed of progress.

12.1 If you are not happy with any aspect of service provided by the Company, you should first of all contact The Managing Director at our registered address and whose telephone number is 0845 491 8707. He will acknowledge your letter within 5 days of receipt and then investigate the circumstances of your complaint and write to you with the results of his investigation within 56 days of receipt of the complaint.

12.2 If you are not happy with the results of the investigation by the Company, you can write to the IPW, who will instigate a Conciliation Process to help you and the Company to reach a mutually satisfactory agreement.

12.3 If you are not happy with the results of the Conciliation Process or if you choose not to take up the Conciliation Process following any investigation by the Company, you can write to the Estate Planning Arbitration Scheme (EPAS) at IDRS Ltd 70 Fleet Street London EC4Y 1EU, providing at least 56 days have elapsed from the date of the initial complaint. EPAS will then investigate your complaint and make a formal judgement but there will be a cost to you if you take this option.

12.4 These complaints procedures do not prevent you from seeking other means of redress.

FORCE MAJEURE

  1. The Company shall not have any liability whatsoever or be deemed to be in default for any delays or failure in performance under these Terms of Engagement resulting from acts beyond its control, including but not limited to acts of God, acts or regulations of any Government or supranational authority, war or national emergency, terrorist activities, accident or fire.

LEGAL NOTICE

  1. Any provision of these Terms of Engagement which is declared void or unenforceable by any competent authority or court shall to the extent of such invalidity or unenforceability be deemed severable and the other provisions of the Terms of Engagement shall continue unaffected. The terms of this agreement are governed by English laws and any dispute shall be resolved within the jurisdiction of the courts of England and Wales.

HOW DID WE DO?

  1. The Company and the IPW are keen to ensure that the Company provides its services to the highest standards within the profession and in compliance with the Code of Practice. We would be grateful if you would spend a few moments completing an online questionnaire at https://www.ipw.org.uk/public/review-a-member. Alternatively a paper version is available from the Company or the IPW.

CLIENT DECLARATION

  1. Please tick as appropriate
  • The Company has an interest in sharing your personal information with our voluntary regulator, the IPW to enable them to monitor compliance with their strict Code of Practice and to test levels of client satisfaction. If you consent to your information being used for this purpose, please tick this box to agree.
  • We may from time to time wish to contact you with newsletters or information regarding products and/or services that we provide. If you consent to us contacting you for this purpose please tick to say how you would like us to contact you:

Post  ☐      Email ☐       Telephone ☐  

  • We would also like to pass your details to any third party individual organisation who we believe offer services that would be of benefit to you such as financial planning, prepaid funeral plans so that they can contact you by post with details of the services that they provide. If you consent to your information being used for this purpose, please tick this box to agree.
  • I/we agree to pay all fees due according to these Terms of Engagement

 Please note that you can withdraw any consents you given at any time by post, telephone or email.

DECLARATION

  1.    It is important that you read and understand the above terms that will apply to this agreement before signing. If there is any term that you do not understand or do not wish to agree to, then please discuss it with the Company before signing. Only sign if you wish to be bound by this Letter of Engagement. Please contact us on tel. no. 0845 491 8707 if you would like us to explain anything that you do not understand.

 

Your Name: ..

Signature:   ..   Date:

 

Your Name: ..

Signature:   ..   Date:

Will Planning Solutions Ltd.  Registered office: 82 Rosebank Road Countesthorpe Leicester LE8 5QY

Registered in England & Wales   Company Registration Number 06466804

Tel: 0845 491 8707   Email: info@willplanningsolutions.co.uk   Website: www.willplanningsolutions.co.uk

OUR REFUND AND CANCELLATION POLICY

If you wish to cancel this agreement please complete the section below, detach it and post it back to us.

  1. You have a right to cancel this agreement with the Company within 14 days of the date of this agreement by writing to the Company at the registered office address and you will not be required to make any payment.

18.1 You can cancel this agreement with the Company later than 14 days after the date of this agreement by writing to the Company at the registered office address. Unless the cancellation is due to a delay on the part of the Company that is beyond the timescale referred to earlier, you will be liable to pay half of the full fee.

18.2 You can use the cancellation form below but you do not have to. Where notice of cancellation is posted, it is recommended that it is sent by Recorded Delivery, however cancellation will be deemed to be served as soon as it is posted or sent to the Company.

18.3 The Company will acknowledge receipt of notice of cancellation in writing within 14 days.

18.4 You can request in writing that the Company can start work on your documentation on a date before the expiry of 14 days of the date that you first give us information to enable us to complete work for you. Should you subsequently cancel the contract within 14 days of the date that you first give us information to enable us to complete work for you, you may have to pay for any work that was carried out on your behalf before you cancelled in accordance with the reasonable requirements of this agreement.

 

If you wish to cancel this contract, you MUST DO SO IN WRITING to the Company. You may use this form if you want to, but you do not have to.

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CANCELLATION SLIP

Client ref. no.    Date:

Name(s):     

    

 

Signature(s):     

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Your Address & Post code:

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What can you do about it?

Let us talk you through the options. This is a complex issue so we will need to assess your personal situation very carefully to make sure you get the right advice.

Contact us now to arrange an initial discussion.

 

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