The following terms of business apply to all services purchased by the client and accepted by the Company. All work carried out in 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.
The Term, ‘the Company’, shall mean Carter Westwood Ltd (hereinafter referred to as “the Company”).
The ‘Client’, shall mean anyone instructing the Company for the provision of Will Writing Services.
‘Will Writing Services’ shall mean the provision of Wills, Powers of Attorney, Living Wills, Notices of Severance, and other services of a legal nature provided by the Company to their clients. It shall also mean inheritance tax advice and other tax planning advice in connection with the preparation of Wills.
‘Documents’ shall mean Wills, Powers of Attorney or other legal documents produced as part of the Will Writing Services.
2. OUR OBLIGATIONS:
a) The Company is obliged to give you best advice on matters relating to Will Writing Services. In some cases this may require additional products/services, provided at extra cost either by the Company or another company recommended by us. You are under no obligation to take up any product or service, but the Company may require you to sign a disclaimer if you choose not to do so.
b) The Company may require you to sign a disclaimer if you instruct us to draft any product or service in a way that is contrary to our advice.
c) Any advice that is given by the Company is based on its understanding of law, practices and procedures at the date of this agreement. The Company is not responsible for any consequences arising from any future changes in the law, practices or procedures.
d) The Company has Professional Indemnity Insurance of £2 million to cover claims and losses arising as a result of any negligent act by the Company.
e) The Company reserves the right to withdraw from any transaction if it is unable to complete any transaction in whole or in part but if it does so, it will write to you immediately and you will not be liable to pay any fees.
f) The costs of correcting any error or omission on the part of the Company shall be borne entirely by the Company.
g) The Company will provide free service and support via our telephone helpline (0333 772 0079) on any matter relating to their transaction for a minimum period of one month following the delivery of their documents.
i) The Company reserves the right to carry out a consultation either in person or via the telephone.
j) The Company offers a chargeable attestation service that supervises the signing and witnessing of your Documents at your home. The Company will not accept 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.
k) The Company offers a checking service of your original signed documents or copies of the signed attestation pages to ensure they have been signed and witnessed correctly when taking our storage option. Wills incorrectly signed or witnessed will be replaced at nominal cost by the Company with our storage option, whereas all other documents may be charged.
l) The Company may inform your Executors, Trustees, Guardians and Attorneys of their appointment and send them information about their responsibilities.
m) Where the Company offers a Document 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 which may necessitate a review of your Documents. All Wills should be reviewed every two 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.
n) Where the Client takes up a Document Storage Service the Company will accept a cancellation at any time, but no refund will be made for any unused periods. You may cancel by writing to the Company at their postal or email address. Where a client requests documents to be returned from storage, there is a fee to cover postage and handling. When the storage service includes amendments for Wills, this shall include a maximum of one amended Will per rolling year.
o) The Company will maintain client files for a period of 6 years after your death, or for a period of 6 years after you have notified us in writing that your document(s) have been revoked, whichever event occurs first.
p) The Company will provide advice in matters relating to this transaction for its lifetime.
3. YOUR OBLIGATIONS:
a) The validity, accuracy and suitability of any documents that we provide will partly depend upon the honesty, completeness and accuracy of your answers to our questions. The Company therefore requires you to be open and honest with the information that you provide to us. The Company is not responsible for any consequences arising from inaccurate or incomplete information provided by you. Once the Will has been drafted any amendments required will be chargeable unless you have taken our storage option with amendments.
b) To read through the Documents to ensure they correctly reflect your wishes and check that all names and addresses are correct within 14 days of the Documents being sent to you.
c) To return the signed Documents or copies of the signed attestation pages to the Storage address within 28 days for checking , validation and storage when taking our storage option. If you fail to send the documents to the Storage address, or delay their return then the Company shall accept no liability for the efficacy of the Documents due to your failure to comply with the above.
d) To notify the Company if you do not receive your Documents within 28 days of the first appointment, unless otherwise agreed.
a) Your completed documents will be available for signing no earlier than 14 days from the date of taking your instructions and no later than 28 days from the date on which the Company has all the information it requires to complete your documents.
b) In the event that the Company is unable to meet the above timescale then you will be able to renegotiate this agreement or you can cancel it without any obligation to pay any fees.
c) If you are unable to provide all of the information that the Company requires to draft your documents within 28 days of your consultation then you will be liable to pay half of the total fees on the 28th day after this agreement or the full fee if a promotional offer at less than half the company price list cost was used. Any fees paid at this time will be deducted from your final invoice.
a) Standard Will writing deals purchased through Wowcher, Living Social, or Groupon include a consultation with one of our consultants (typically conducted via telephone), and drafting of the Will(s) to include up to two of each of the following: Executors, Trustees, Guardians, Specific Legacies, Monetary Legacies, Levels of Distribution of Residual Estate. Anything more than this shall incur a cost of £5.00 per addition. Hard copies of the Will(s) are not included and shall incur a charge of £5.00 per copy. Commentary to explain the clauses within the Will(s) is also available for an additional £5.00 per Will.
b) Payment for any additional products/services will be required, in full, prior to the completion of the documents.
c) Fees may be paid by cheque, debit card or credit card.
d) Fees may be increased to cover increases out of our control or where government authorities i.e. Land Registry, Public Guardianship Office etc. increase their fees.
e) Where you have authorised a direct debit to pay for Secure Storage and/or Full Aftercare by giving us your bank details, unless the Company receives the cancellation in writing prior to the payment date, no refund will be given.
6. YOUR RIGHT TO CANCEL
a) You have a right to cancel this agreement with the Company within 14 days of the date of this agreement by writing to the Company at the postal address or the email address below and you will not be required to make a payment or if payment has already been made, a full refund. Please note where you have purchased this service via another company or as part of your mortgage then the refund may need to be returned to the company or lender.
b) You can cancel this agreement with Carter Westwood Ltd no later than 14 days after the date of this agreement by writing to the Company at the postal address or the email address below and:
(i) Provided we have not conducted a consultation there will be a cancellation fee of £35 + vat.
(ii) If we have conducted a full and final consultation but not yet written the documents then the cancellation fee will be £95 + vat.
(iii) If we have conducted a full and final consultation and written the documents then there will be no refunds and all the monies will become due.
(iv) If the total cancellation is due to a delay on the part of the Company that is beyond the timescale referred to in section 4 then you will be eligible for a full refund regardless of whether the documents have been produced or not.
c) Where a notice of cancellation is posted, it is recommended that it is sent by Recorded Delivery and notification emailed to the Company to ensure cancellation notice has been received.
d) The Company will acknowledge receipt of notice of cancellation in writing within 14 days.
e) You can agree in writing that the Company can start work on your documentation on a date before the expiry of 14 days of the date that you give us information to enable us to complete work for you however your rights to cancel under clause 6a will be terminated on the day the Company starts work on your documents.
7. CLIENT CARE:
If you are not happy with any aspect of service provided by the Company, you should first of all contact our Client Care manager on 0333 772 0079.
By proceeding you give consent for your details to be passed on to any third parties such as National Will Writers to enable them to monitor compliance with their Code of Practice and to test levels of customer satisfaction or Assurance Financial Solutions Ltd who offer financial advice for example.
It is important that you read and understand the above terms that will apply to this agreement. If there is any term that you do not understand or do not wish to agree to, then please discuss it with Carter Westwood Ltd before proceeding. Only proceed if you wish to be bound by these Terms of Business.