We thank you for your instructions to provide legal and related services. The following information explains the scope of our services and your responsibilities. By using our services, you are deemed to have accepted our terms.
Our service includes (unless otherwise agreed in writing):
1. Arranging for a consultant to visit you to take your instructions for the preparation of your Wills, Trusts and related documents (“Will”).
2. Preparation of your Will in accordance with the information that you provide and English law at the time we took your instructions. Whilst your consultant will explain some of the choices you have available, the content of your Will is entirely your decision and you should not proceed if you feel pressured by ANY third party. We cannot advise on choices of beneficiaries or gifts. If you provide incorrect or incomplete information, we are not responsible for any problems this may create.
3. Provision of draft documents within a reasonable timeframe, usually 28 days.
4. Provision of your final Will within a reasonable timeframe, usually 28 days.
5. We offer a chargeable Attestation service which covers supervision of the signing and witnessing of your Will in your home. Alternatively you may wish to arrange to have your Will attested free of charge in our offices. Please advise your consultant if you
would like to take advantage of either of these services. Note that a wrongly attested Will may be invalid and that your chosen beneficiaries may not inherit under it. We will take no responsibility for ensuring the validity of your Will where one of these services
have not been taken up.
6. We offer a chargeable Storage and Updating Service. Taking up this service does not oblige us to advise you of any changes in legislation or taxation which may affect your Will in the future.
Please note that:
1. In nearly all cases the most effective form of Estate planning involves lifetime financial advice. For this reason we have established a relationship with professionals in this field to whom we are happy to introduce you. Whilst your consultant will discuss the relevant law in general, we are not able to provide any specific advice, unless otherwise agreed.
2. Our payment terms are in full with order for each service requested, unless otherwise agreed in writing. If for any reason we do not feel that we can provide a service appropriate to your needs, we may decline to provide the service and in this event will refund any fees paid for that service in full.
3. You may cancel your instructions to us within 7 days of your consultation, but if you choose to cancel your Will altogether we reserve the right to charge you an Administration Fee of £100 (plus VAT) to cover our costs.
4. Wills should be reviewed every three years and whenever there is a change in your circumstances.
5. We have no liability arising from the provision or non-provision of services for which we have not received payment or in respect of which no payment arrangements have been made.
6. If we are incorporating a Trust in your Will, your trustees will need to seek advice about how to establish this correctly; there may be costs associated with setting it up and legislation may change to render it ineffective.
Your responsibilities in the Will-making process:
1. You must advise us if you do not receive your drafts within 28 days of your appointment, if you do not receive your final Wills within 28 days of approving your drafts, and if you do not receive your official copies of your Wills within 28 days of returning your Wills for storage. If you do not return your final Will to us for storage, we will assume that you have decided not to store it with us at this time, even if you continue payments via standing order or otherwise to us.
2. You must check that your draft Will confirms with your wishes and also that all the names and addresses included are correct. We accept no liability arising from incorrect information being given to us or for information which was not disclosed to us. You must advise us of any amendments you wish to be made to the drafts within 28 days. Unless we have received your amendments by this date, we will assume that you have no amendments to make and we will dispatch your final Wills. Unless you are using our lifetime services, any amendments you wish to make after this point will be chargeable.
3. You have the responsibility for ensuring your final Will is properly signed and witnessed, in accordance with our written instructions. Unless you choose to use our separately priced supervision service, we accept no liability arising from your failure to carry out our instructions correctly. If you do not do so, your Wills may not be valid or your beneficiaries may not be entitled to their inheritance. If you are using our storage services you must ensure your valid Will(s) are returned to us undamaged for safekeeping. Failure to return some or all documents does not in itself terminate your responsibility to pay for the provision of the facility once it has been booked.
4. Sometimes it is necessary for the way in which you own your property to be changed in order for the provisions of your Will to take effect (e.g. a change from a joint tenancy to a tenancy in common). Unless we have agreed in writing to undertake this work on your behalf, it is your responsibility to make any such changes and we accept no responsibility if you fail to carry them out. Will Power Group operates a complaint procedure to which any complaint should immediately be addressed. If the matter is unable to be resolved to your satisfaction you may refer it in writing to The Institute of Professional Willwriters, Trinity Point, New Road, Halesowen, West Midlands B63 3HY (www.ipw.org.uk)