IWC Estate Planning & Management Ltd
On Line Will Terms of Business
The following standard terms of business apply to all internet instructions accepted by the Company. All work carried out in the provision of Will Writing 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:
- The ‘Company’, shall mean IWC Estate Planning & Management Ltd
- The ‘Client’ shall mean anyone instructing the Company for the provision of Will Writing Services
- The ‘Society’ shall mean The Society of Will Writers and Estate Planning Practitioners
- "Will Writing Services" shall mean the provision of Wills
- “Documents” shall mean Wills
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Procedures
(a) The client will input information into an online will instruction form as provided at www.iwcprobateservices.co.uk. Where the instruction form is insufficient to meet the requirements of the clients wishes the client will inform the company by email.
1.The Company undertakes to:
a) Comply with your instructions with reasonable skill, care and expedition appropriate to your needs.
b) Dispatch your Document(s) by email PDF or post as purchased within 14 days of you submitting your initial instructions. 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 opportunity to renegotiate the contract or cancel the agreement with a full refund being provided. If you decide to proceed the Documents will be produced as soon as is possible and, in any event, the Company shall produce and dispatch the Documents to you within 14 days of having taken the initial instruction.
d) Maintain the strictest confidentiality and not to pass on your details to any other organisation without your express written permission unless legally required to do so and shall comply with all legislation in force relating to data protection.
e) Once an order has been processed your details will be kept securely on file to ease future purchases. Your information is held in compliance with the Data Protection Act. You may be contacted when purchasing a Will so that we may discuss additional options such as storage and Probate advice. Your purchase of documents are in accordance with Regulation 13 of the Consumer Protection (Distance Selling) Regulations 2000. Under this regulation there will be no right of refund or cancellation due to the digital nature of the product. We will however in the interest of goodwill (without obligation), consider each case on a merit bases if the situation arises.
f) Offer a chargeable home consultation to discuss your documents in more detail(s). Where a home consultation is declined we are unable to cover all of your individual circumstances. Should you be unsure on how such a legal document might affect you, we recommend that you obtain legal advice from a lawyer prior to signing your documents.. Any Legal Document produced by IWC and executed without first obtaining legal advice or doing your own thorough legal research is done so entirely at your own risk, and you accept full responsibility should it prove to be unsuitable to your circumstances. Specialist legal advice should always be sought in relation to any particular circumstances.
g) Offer a chargeable attestation service that supervises the signing and witnessing of your Documents at your home. The Company will not take responsibility for ensuring the validity of your Documents where the attestation service has not been taken up and the execution supervised by an agent of the Company. The signing of your Documents must be carried out according to the law of England and Wales in order for your Documents to be valid. All Documents will be supplied to you with full written instructions of how these should be completed.
h) 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 Documents. 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.
i) We have no responsibility for verifying:-
i. The age
ii. The identity
iii. The testamentary capacity of anyone with whom we contract to provide any document for, please refer to principle 1 of the Mental Capacity Act 2005
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Your Obligations are:
a) To disclose all relevant facts and answers to all the questions asked to allow the Company to provide accurate advice and to produce an effective legal Document. The Company shall not accept liability in respect of information which was not disclosed and which comes to light at a later date as being of relevance and which may affect the validity or content of your Documents.
b) If submitting instructions on behalf of another person, to act in lawful manner and to only submit instructions as requested by the person who shall sign the document. No liability will be accepted for fraud, attempted fraud or dishonesty.
c) Without prejudice to any other rights and remedies available to the Company, where the Client submits instruction on behalf of another the Client agrees to indemnify IWC against all loss, damage, liabilities, costs and expenses (including legal costs and expenses in bringing defending or settling any claim or proceedings) suffered by IWC by reason of a claim or proceedings made against IWC in contract tort and or criminal law by any person arising out of or in connection with the provision of the document supplied by IWC.
d) To read through the Documents provided, to confirm that they correctly reflect the wishes submitted and that the names and addresses where applicable of the persons mentioned in the Document(s) are correct.
e) To notify the Company of any amendments required as soon as possible. If you fail to notify the Company, the Company shall accept no liability for the Documents. The Company shall not be responsible for any delay due to your failure to comply with the above.
f) To notify the Company if you do not receive your Documents within three weeks of the first instruction, unless otherwise agreed.
g) To pay the fee due for the provision of Document Services in full and in accordance with the terms on our website.
h) 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.
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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 so that you are kept informed of progress.
b) 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 Complaints Department, The Society of Will Writers. Eagle House, Exchange Road, Lincoln, LN6 3JZ
c) The Company complies with the Society’s Code of Practice of which a copy is available upon request.
d) The Company shall ensure that all personal data collected, held and processed is kept secure and protected against unauthorised or unlawful processing and against accidental loss, destruction, or damage. Further details of how we collect, process and store your information can be found in our Privacy Policy http://www.iwcprobateservices.co.uk/privacy/
e) The Company shall keep written internal records of all personal data collection, holding, and processing, which shall incorporate the following information:
The name and details of the Company, its Data Protection Officer, and any applicable third-party data processors;
The purposes for which the Company collects, holds, and processes personal data;
Details of the categories of personal data collected, held, and processed by the Company, and the categories of data subject to which that personal data relates;
Detailed descriptions of all technical and organisational measures taken by the Company to ensure the security of personal data.
As a general we will keep your data for seven years in order to comply with Anti-Terrorism and Money Laundering regulations.
f) Where our use of your information is for the purpose of our legitimate business interest and or in order to provide the services offered it may be necessary to pass your details to a third party and when necessary we have made sure your information, and your rights in relation to that information, are protected.
Please read the above terms carefully and ensure you understand them before signing.
I/We accept the above terms of business and agree to abide by them and to be bound by them.
