The term ‘the company’ shall mean The Will Company.
The term ‘the agent’ shall mean the instruction taker.
The term ‘the client’ shall mean you; the terms ‘you’ and ‘your’ shall mean the client and the client’s.
The term ‘the Society’ shall mean The Society of Will Writers and Estate Planning Practitioners.
For the purposes herein, the terms ‘Will’ or ‘Wills’ shall include any other document that is prepared in accordance with your instructions.
(a) Upon initial appointment, the agent shall take your detailed instructions and give appropriate information on matters relating to the preparation of your Will(s). Any queries will be answered and a full explanation given on the contents and terminology used in the drafting of your Will(s).
2. The company’s obligations
a) The company undertakes to provide you and the agent with support on matters relating to the preparation of your Will(s).
b) The company undertakes to dispatch your draft Will(s) to the agent within 5 days of receiving your initial instructions from the agent. However, where circumstances occur which are outside the company’s control which will result in a delay beyond this period, the agent will be given a full written explanation and the documents produced as soon as possible thereafter.
c) The company undertakes to maintain the strictest confidentiality and not to pass on your name or details to any other organisation without your express written permission. The company is registered under the Data Protection Act 1998, 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(s) to the agent or you should you change your mind within 10 days from the date on which the company received your initial instructions from the agent. However, the company reserves the right to charge you for any work already carried out on your behalf and in accordance with your signed instructions.
e) The signing of your Will(s) (the execution) must be carried out according to the law of England and Wales in order for your Will(s) to be valid. Any Will(s) will be supplied to you with full written instructions on how the Will(s) should be completed.
f) Where the 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(s) should be reviewed every 3 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.
3. Your obligations
a) In order for the company to provide accurate advice and to produce an effective legal document, you are required to disclose to the agent 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 agent, and which comes to light at a later date as being of relevance and which may affect the validity or content of your Will(s) or the advice given.
b) You are required to read through your Will(s), and other documents provided, to confirm that the Will(s) correctly reflects 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.
c) It is your responsibility to return the documents together with any amendments to the company within 10 days of receipt. If you fail to return the documents to the company, the company shall accept no liability for the Will(s).
d) The company shall not be responsible for any delay due to your failure to comply with the above.
e) You are required to notify the company if you do not receive your Will(s) within 2 weeks of the first appointment, unless otherwise agreed.
f) You are required to pay the Will writing fee in full on the date of the first appointment. The fees for other services may, by agreement, be paid on completion.
4. Client care
a) 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.
b) The company operates a full customer care service of which all our staff are fully aware. A full complaints procedure is maintained by the company, to which any complaint should first 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 and Estate Planning Practitioners, Chancery House, Whisby Way, Lincoln, LN6 3LQ.
c) The company complies with the Society’s Code of Practice, a copy of which is available upon request.