Simply Wills - Terms of Business

Terms of Business

The following standard terms of business apply to all instructions accepted by the Company. All work carried out in the provision of the Services is subject to these terms except where changes are expressly agreed in writing. These terms of business form the basis of the contract between the Company and the Client.

Definitions:

  • ‘Client’, ‘you’ and ‘your’ shall mean anyone instructing the Company for the provision of Services
  • ‘Company’ shall mean Amcon Limited t/a Simply Wills, 9 Vache Lane, Shenley Church End, Milton Keynes, MK5 6LG
  • ‘Documents’ shall mean Wills, powers of attorney and other documents produced by the Company as part of the Services
  • ‘Law’ shall mean the laws of England and Wales
  • ‘Letter of Engagement’ shall mean a letter from the Company setting out any additional terms and conditions upon which the Services are to be provided as signed by the Client accepting those additional terms and conditions
  • ‘Services’ shall mean the provision of Wills, Lasting Powers of Attorney, Living Wills, notices of severance, probate advice and other services including services as set out in a Letter of Engagement as provided by the Company from time to time to Clients. Services includes inheritance tax advice and other tax planning advice in connection with the preparation of Wills
  • ‘Society’ shall mean The Society of Will Writers and Estate Planning Practitioners, Chancery House, Whisby Way, Lincoln, LN6 3LQ.

Procedures

  1. On the initial appointment you will be offered advice consistent with your circumstances, your detailed instructions will be taken and appropriate advice given on matters relating to the Services.
  2. The Company will quote either a fixed price for carrying out the Services or will advise the Client the basis on which fees will be calculated.

The Company undertakes to:

  1. Comply with your instructions with reasonable skill, care and expedition appropriate to your needs.
  2. Subject to the information you disclose provide you with advice on matters relating to the Services. 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 are under 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.
  3. Contact you when your Documents are complete to arrange an appointment to discuss them. Any queries or questions will be answered and a full explanation given on the contents and terminology used in the drafting of your Documents. If the Documents are satisfactory and meet your requirements, to have them signed and witnessed in accordance with the Law.
  4. Contact you to arrange the appointment in c) above within 20 working days of receiving your final and complete instructions, payment of fees in full (unless the Company has agreed an alternative date for payment beforehand) and subject to the expiry of your 14 day right to cancel (unless you have given authority to commence work during the cancellation period). Where circumstances occur which are outside of the Company’s control we reserve the right to delay beyond this period provided we give you a full written explanation of the reason for the delay.
  5. Maintain the strictest confidentiality and not to pass on your details to any other organisation without your express permission unless legally required to do so and shall comply with all legislation in force relating to data protection.
  6. Refund any money paid in respect of the preparation of your Documents in full (unless you have given authority to commence work during the cancellation period when the refund will be less the Company’s reasonable costs) should you change your mind within 14 days from the date of taking your instructions. After the expiration of this period the Company reserves the right to charge you for the advice given and for any work already carried out on your behalf and in accordance with your signed instructions. An itemised bill will be produced for any charge falling due under this term.
  7. Include in the fees, where necessary, an attestation service that supervises the signing and witnessing of your Documents at your home or elsewhere. Should you chose not to avail yourself of this service the Company will not take responsibility for ensuring the validity of your Documents. The signing of your Documents must be carried out according to the Law in order for your Documents to be valid. In these circumstances all Documents will be supplied to you with full written instructions of how these should be completed.
  8. Offer a Document storage service for a fee. However 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 Documents. All Documents should be reviewed every three years and in the event of any material change in your circumstances, such as a death in the family, divorce, marriage, the birth of children or the inheritance of a large sum of money etc.  Other than on the death of the Client there is a fee for the withdrawal of Documents in storage. If you fail to pay any fees for Document storage when due the Company reserves the right to recover the cost of returning the Documents in storage to you.

Your obligations are:

  1. To disclose all relevant facts and answers to all the questions asked to allow the Company to provide accurate advice and to produce effective legal Documents. 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 or content of your Documents or advice given.
  2. To read through the draft Documents when provided, 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 your Documents are correct, adding any missing data not supplied at the time of taking your instructions.
  3. To notify the Company with any amendments to the Documents as soon as possible. If you fail to notify the Company, the Company shall accept no liability for the draft Documents. The Company shall not be responsible for any delay due to your failure to comply with the above.
  4. To pay the fee due for the provision of the Services in full and in accordance with the terms agreed or failing that on the Company taking your instructions for the Services.
  5. If you are having the attestation service, you should arrange for the witnesses to be present at the time of the execution of your Documents.

Client care

  1. The Company is committed to providing you with a high quality service. An essential part of that service is that the Company will communicate effectively with you so that you are kept informed of progress.
  2. 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 Society’s Complaints Department.
  3. The Company complies with the Society’s Code of Practice.  A copy of the code is available upon request.

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