Terms of Business  Allied Professional Will Writers Ltd  & Will Custodian Ltd

We will only accept your business on the basis that we are both bound by these Terms and Conditions.

We do not advise on issues of domicile, and only prepare documents on the basis that we are instructed to prepare UK documents. Anyone in doubt as to whether they are considered a UK resident for these purposes must take advice from an expert on domicile – which we are not.

Definitions:

The Term, €˜the Company’, shall mean Allied Professional Will Writers Ltd (which provides advice) and Will Custodian Ltd (which provides ancillary services but not legal advice in any form)

The Term, €˜the Client’ shall mean you (plural if appropriate); the term €˜you’ and €˜your’ shall mean €˜the Client’

The Term, “Will” or “Wills” shall include any other documents we may prepare for you, including but not limited to Lasting and general Powers of Attorney, Medical Directives, Tenancy Change etc.

The Society shall mean The Society of Will Writers and Estate Planning Practitioners

For the purposes herein, Will or Wills shall include any other document as is prepared in accordance with your instructions.

Procedures

a) We normally work by phone: if a home visit is required an extra fee will be agreed to cover the additional time. On the initial appointment, taking your detailed instructions and giving appropriate advice on matters relating to the preparation of your Will(s). Any queries or questions will be answered and a full explanation given on the contents and terminology used in the drafting of your Will(s).

c) We will take an initial fee deposit before we start work of either the full fee or £200, whichever is the lower, or, where the full fee is in excess of £400, then we take a 50% deposit.  The balance must always be paid in full before documents are sent out. Please note that we cannot accept details of credit or debit cards by electronic or other means:  they must be communicated verbally for security reasons.

d) We then send final documents for your approval within a few days.  You must check that these fully express your wishes and check for typing or other errors immediately.  We will amend any document free of charge once, provided it is returned to us within 14 days.

e) You must ensure that the documents are properly signed if you do not pay for our Attestation Service. It is very easy PROVIDED everyone involved reads the instructions, which we will supply.  Not doing so will invalidate the documents. If you are in ANY doubt, contact us for advice. Once the documents are signed:

f) If you are joining our Peace of Mind Service (PMS), return them to us for checking and  storage, together with the direct debit mandate (if not already returned).

g)  For PMS members, we will then supply Storage Certificates for Executors etc, our Helpline Number and Newsletters and Checklists from time to time to keep you updated.  You just call us if you have any queries, at no cost unless revised documents are required.

h) You will be protected against any fee increases for 30 days from the time we write to you confirming instructions. This should be more than long enough to get everything sorted out.

i) Where signed documents are returned to you they will be sent at your risk by normal post to your last known address unless the additional fee for special or recorded delivery is paid in advance. We reserve the right to return documents in such fashion where storage fees are not being paid.

j) Probate – we offer a handholding service to assist family members in completing the process and fees will be the responsibility of the person/s instructing us, who will normally be able to recover them from the estate.

The Company undertakes to:

a). To provide you with the best advice on matters relating to the preparation of your Will(s). In some cases this may mean advice to draw up other documents, or take other action, which may incur further fees. In such cases full details of such charges will be given to you in advance and you areunder no obligation to proceed with any ancillary services offered. However, in some circumstances you may be asked to sign a declaration stating that you are acting against the advice given.

b). To dispatch your Will(s), by first class post, within 14 days of taking your final instructions.

However, where circumstances occur which are outside of the Company’s control which will result in a delay beyond this period, you will be given a full written explanation and the documents produced as soon as is possible. In any event the Company shall produce and dispatch the Will(s) to you within 30 days of having taken the initial instruction. The company accepts that their may be errors in the initial  documents, or that you may revise your requirements after seeing them.  The company will produce, at no extra cost one amended version of any document provided the amendment is notified within 14 days.

c). To maintain the strictest confidentiality and not to pass on your name or details to any other organisation without your express written permission, with the exception of an independent franchisee or introducer who may be involved in your overall financial and legal planning and therefore have a legitimate need for such information – you can of course request that we do not allow this. The Company is registered under the Data Protection Act 1984, and therefore all information disclosed to us will remain totally confidential.

d). The Company undertakes to refund any money paid in respect of the preparation of your Will should you change your mind within 10 days from the date of taking your instructions. However the Company reserves the right to charge you for the advice given, expenses incurred and for any work already carried out on your behalf and in accordance with your instructions.

e) The Company offers a chargeable Attestation Service that supervises the signing and witnessing of your Will(s) at your home. The Company will not take responsibility for ensuring the validity of your Will(s) where the Attestation Service has not been taken up and the execution supervised by an agent of the Company. The signing of your Will(s) (the Execution) must be carried out according to the law of England and Wales (or as appropriate) in order for your Will(s) to be valid. All Will(s) will be supplied to you with full written instructions of how these should be completed.

f)  The Will Custodian Ltd Peace of Mind Service (PMS) is a reactive service, and the client has the opportunity to contact the Helpline during office hours with any questions.  Advice is free (except storage only and basic options), amendments are chargeable (except on Gold Service).  PMS members will receive occasional Newsletters and check lists to give general guidance as to changes which may be relevant, and the Newsletters are designed to provoke thought and enquiries.  You will NOT receive advice if you do not contact the Helpline. Company offers a Will Storage service, the Company 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 and may necessitate a review of your Will(s). Any Will should be reviewed 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. If payment for the service is not received, and in the absence of a formal written request to return your documents, accompanied by the relevant postage fee, we reserve the right to return the documents at your risk by normal post to your last known address. We will not do this until we have tried to resolve the issue.

Your Obligations are:

a) 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 liability in respect of information which was not disclosed, and therefore not documented by the person taking your instructions, and which comes to light at a later date as being of relevance and  which may effect the validity, effectiveness or content of your Will(s), or advice given.

b) To read through the Will(s), and other documents provided, to confirm that the Will(s) correctly reflect your wishes as to the distribution of your estate and that the names and addresses of the persons mentioned in your Will(s) are correct, adding any missing data not supplied at the time of taking your instructions. You alone are responsible for ensuring that documents are signed correctly, as we are not present unless you employ our Attestation Service. We will check documents returned for storage but accept no liability for errors missed.*

c) It is your responsibility to return the documents together with any amendments to the Company within 14 days of receipt. If you fail to return the documents to the Company, the Company shall accept no liability for the Will(s) and will charge for any amendments.

d) The Company shall not be responsible for any delay due to your failure to comply with the above

e) To notify the Company if you do not receive your Will(s) within two weeks of the first appointment, unless otherwise agreed.

f)  To pay the basic Will Writing fee with the instructons. The balance or fees for other services may, by agreement, be paid on the completion of preparation of the documents.

g) If you are having the Attestation Service, you should arrange for the Witnesses to be present at the time of the execution of your Will.

Client Care 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.

The Company operates a full Customer Care Service of which all our staff are fully aware and the Company maintains a full complaints procedure to which any complaint should first of all be addressed. If  the matter is unable to be resolved to your satisfaction you may refer it, in writing, to The Director General, The Society of Will Writers. Eagle House, Exchange Road, Lincoln LN6 3JZ

The Company complies with the Society’s Code of Practice of which a copy is available upon request

* Addition November 2007 – Lasting Powers of Attorney are peculiarly complex documents and clients are urged to read through them with extreme care, and ensure that signing and dating is carried out in the precisely correct order. We accept no responsibility whatever for the rumoured jobsworth attitude of the Office of the Public Guardian, who allegedly insist that a cross will not do where a tick is requested, and that the blank page at the end is a statutory requirement without which the LPA is invalid. This is lunacy.

 

Peace of Mind Service

The Peace of Mind Service exists to

  • keep your documents secure and out of harms way
  • provide copy documents for your reference
  • and Storage Certificates for your executors – so they know where the documents are
  • check your documents have been signed correctly
  • provide an Emergency Number card for your purse/ wallet
  • FREE helpline (for most classes of member)
  • Annual Newsletter which aims to identify key tax and legal issues which may be of concern
  • Annual Checklist – to help you review your personal circumstances and those of your beneficiries etc, and then come back to us if the review raises issues which need discussion
  • FREE basic Probate guidance
  • FREE transferable Nil Rate Band Guide on first death
  • discounts on amendments and additional documents
  • Our GOLD service adds FREE amendments
  • Our single fee Lifetime Storage option provides ONLY lifetime storage, certificates and copy documents.
  • Peace of Mind Service Terms and Conditions