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

2. 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   To hold and maintain Professional Indemnity Insurance cover of 2,000,000 to cover claims and losses worldwide (except in the United States and Canada) arising as a result of any negligent act by it. The policy is currently with Liberty Mutual Insurance Europe Limited, Two Minster Court, Mincing Lane, London, EC3R 7YE and is arranged by Johnston Park McAndrew of 5-7 Hagley Road, Halesowen B63 4PU.

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. The policy is currently with Liberty Mutual Insurance Europe Limited, Two Minster Court, Mincing Lane, London, EC3R 7YE and is arranged by Johnston Park McAndrew of 5-7 Hagley Road, Halesowen B63 4PU.

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 the Company or through the offices of the IPW upon request, in written or audio form. Any instance of non-compliance of the Code by the Company should immediately be brought to the attention of the IPW.

2.5   To provide a customer service telephone support line which shall be at standard BT rates and not a premium rate line to offer telephone support and advice for a minimum period of 20 working days after the production and despatch of the documents.

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 the separate responsibility of the client.

TIMESCALES

  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. To maintain the strictest confidentiality and not to pass on your name or details 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 Regulation due to come into force on 25th May 2018, therefore all information disclosed to us will remain totally confidential and secure.

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.

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.

ATTESTATION SERVICE (the signing and witnessing of 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.

8.1   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.

8.2   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 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.

9.1   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.

9.2   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.

9.3  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.

9.4  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.

9.5   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.

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

9.7 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).

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

9.9   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.

DOCUMENT STORAGE

  1. The Company offers a document storage service 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.

10.1 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.

10.2 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.

10.3 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.

10.4 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.

10.5 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.

11.1 The Company operates a Customer Care Service of which all our personnel are fully aware and the Company maintains a complaints procedure to which any complaint should first of all be addressed in writing to The Managing Director at our Head Office address below. Any complaint shall be acknowledged within 3 working days of receipt.

11.2 If a complaint is not resolved to your satisfaction you may refer it, in writing, to The Institute of Professional Willwriters (IPW), the professional body of which it is mandatory that this Company is a member. The IPW can be contacted at Trinity Point, New Road, Halesowen, West Midlands B63 3HY telephone 08456 44 20 42 or via their website www.ipw.org.uk. The Company complies with the Institutes Code of Practice and free copies of this are available upon request either from the Company or from the IPW.

11.3 If you are not satisfied with the Companys decision or the decision of the IPW, or if you choose not to refer your complaint to the IPW, then you may take your complaint to the Estate Planning Arbitration Scheme (EPAS). This is an independent arbitration service provided by IDRS Limited (the Administrator) of 70 Fleet Street London EC4Y 1EU, a wholly owned subsidiary of the Chartered Institute of Arbitrators 24 Angel Gate City Road London EC1V 2PT. Full information and a free booklet may be obtained by contacting the IPW above.

11.4 You may seek other forms of redress instead of or as well as those provided under this Code.

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 this 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.

DECLARATION

  1. I/We confirm that I/we have received and I/we confirm that I/we understand and accept the Companys Terms of Engagement and agree to them. Please contact us on tel. no. 0845 491 8707 if you would like us to explain anything that you do not understand.

PRICE PROMISE GUARANTEE

  1. Our aim is to provide the best possible service at the best possible price. That does not mean we aim to be the cheapest but it does mean we aim to offer the best possible value for money. We will not compromise on quality or service but we will offer to match any other genuine published like for like price for the services provided. If you see the services you have purchased at a lower published price within 7 days of instructing us we will match that price. This offer relates to like for like services only.

CLIENT DECLARATION

  1. Please tick as appropriate
  • I/we give consent for my/our details to be passed to the IPW to enable them to monitor compliance with their Code of Practice and to test levels of client satisfaction via a questionnaire or online at ipw.org.uk/feedback
  • I/we give consent for my/our details to be passed to any third party who in the opinion of the Company offer complimentary services that may be of benefit to me/us such as financial planning.
  • I/we consent to the Company providing relevant information and guidance to me/us in the future in respect of the services we provide and recommend.
  • I/we agree to pay all fees due according to these Terms of Engagement

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. The Company undertakes to refund any money paid in respect of the preparation of your Will(s) should you change your mind within 14 working days from the date of taking your initial instructions. Cancellation must be in writing to the address below and you can use the cancellation form on page 3 of this agreement. We will acknowledge receipt within 10 working days of receiving it.

17.1 Should you change your mind after the 14 day cancellation period (but prior to the printing of your final documents) the Company reserves the right to charge you up to 50% of its fee for the advice given and for any work already carried out on your behalf and in accordance with your instructions.

17.2 There will be no refund of the fee paid under any circumstances once your final documents have been printed, irrespective of whether you decide to sign them or not.

17.3 If the Company cancels some or all of a transaction for any reason, the client will receive immediate notice in writing along with a refund of any fees due for the cancelled part of the transaction and for any other advice or documents that would have no value without the cancelled part of the transaction. In such circumstances the client may, within 5 working days of receiving such written notice from the Company, cancel the whole transaction and receive a full refund of any fees paid.

17.4 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 the agreement.

 

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