Terms of Engagement valid from 01/09/2008
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DEFINITIONS
‘Company’, shall mean The Will Writing Company Limited, which also trades as Legal Services Network or LSN;
‘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 and Public Liability Insurance cover of £5,000,000.
2.2 To retain its client files for a period of not less than six years after a clients death.
2.3 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.
2.4 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
2.5. 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 30 days. We think it is important you know exactly what you are paying for and why.
2.6 There will be no increase in the fee on the price list attached without your prior express consent.
2.7 Our fee is due and payable on delivery/production of your final documents.
2.8 Payments may be made by cheque, credit card, debit card, credit agreement (subject to minimum deposit and minimum loan on credit agreements) or cash (subject to compliance with Money Laundering Regulations 2007).
2.9 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.
2.10 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.
TIMESCALES
2.11. 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 in person at our head office, or by post, or electronically, as agreed with you.
2.12 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.
2.13 Where circumstances arise that are outside of the Company’s 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.
2.14 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 made elsewhere and any reasonable costs will be reimbursed by us, not exceeding the original fee quoted by us.
2.15 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
2.16 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 therefore all information disclosed to us will remain totally confidential and secure.
2.17 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.
CANCELLATION POLICY
3. There will be no fee due if you change your mind within 7 working days from the date of taking your initial instructions. Cancellation must be confirmed in writing to the address below and will be acknowledged within 10 working days.
3.1 Should you change your mind after the 7 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.
3.2 The full fee is due and payable once your final documents have been printed, irrespective of whether you decide to sign them or not.
EXPRESS SERVICE
4. You may require your documents urgently and instruct us to commence drafting prior to the expiration of your cancellation period. In these circumstances you must pay our fee in full in advance and your seven day cancellation rights end immediately we commence any drafting work for you.
ATTESTATION SERVICE (the signing and witnessing of your documents)
5. 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.
5.1 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.
5.2 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 Company’s 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.
DOCUMENT STORAGE
6. The Company offers a document storage service through Deedbank Document Storage Limited 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.
6.1 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.
6.2 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.
6.3 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.
6.4 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.
6.5 Clients with a storage account may amend documents from time to time free of legal charge (amending is limited to altering existing clauses but 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.
RIGHT NOT TO ACT
7. 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.
YOUR OBLIGATIONS ARE
8. 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 affect 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.
8.1 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.
8.2 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.
8.3 To notify the Company if you do not receive your draft Will within 14 working days of the date of your receipt unless otherwise agreed by you.
8.4 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.
8.5 To pay the agreed fee in full on production/delivery of your final documents (subject to credit agreement as applicable).
8.6 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).
8.7 To provide the Company with acceptable proof of identification to enable the Company to comply with the Money Laundering Regulations 2007.
8.8 To sign a copy of this Terms of Engagement on the date you give your instructions for retention by the Company to confirm your acceptance of them.
CLIENT CARE/COMPLAINTS PROCEDURE
9. 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.
9.1 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 Practice Manager at our Head Office below. Any complaint shall be acknowledged within 3 working days of receipt.
9.2 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 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 Institute’s Code of Practice and a copy is available upon request.
9.3 If you are not satisfied with the Company’s 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) a wholly owned subsidiary of the Chartered Institute of Arbitrators 12 Bloomsbury Square London WC1A 2LP. Full information and a free booklet may be obtained by contacting the IPW above.
9.4 You may seek other forms of redress instead of or as well as those provided under this Code.
FORCE MAJEURE
10. 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
11. 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.
DECLARATION
12. I/We confirm that I/we have received and I/we confirm that I/we understand and accept the Company’s Terms of Engagement and agree to them.
PRICE PROMISE GUARANTEE
13. 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.
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The Will Writing Company Limited
4 Castle Quay,
Castle Boulevard
Nottingham,
NG7 1FW
Registered in England and Wales Company Registration Number 3616406
Tel: 0800 9526600 Email: info@willwriting.co.uk Website: www.willwriting.co.uk
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