Convenient Wills
-
Mobile
07970 691255
Office
(01782) 639716
© 2006 -
Terms and Conditions of our Home Visit Services
Users of our ‘home visit services’ will have been offered both a paper-based copy and given the access code for the digital version of our ‘Terms of Business - Home Visit’ terms and conditions at the time of using that service.
To request a digital (PDF) copy of our ‘Terms of Business - home visit’ please email us.
Terms of Business
Definitions:
- The term:
A. ‘Convenient Wills’ is the trading name of Rod Jones of 16 Thomas Avenue, Newcastle, Staffordshire ST5 9AF; ‘We’, ‘Our’ and ‘Us’ shall mean Convenient Wills;
B. ‘the Client’ means the customer of Convenient Wills; the term ‘You’ and ‘Your’ means ‘the Client’;
C. ‘Legal Documents’ means Last Will and Testaments (“Wills”), Lasting Powers of Attorney (“LPAs”), General Power of Attorney, Living Wills;
D. ‘our Services’ means:
- the provision of Legal Documents;
- related services such as being your LPA Certificate Provider, or registering Your LPA and Enduring Power of Attorney with the Office of the Public Guardian; and
- the provision of ancillary services provided by third-
parties such as document storage, probate, estate administration; - provided by Convenient Wills to their clients.
E. ‘ToB’ means Our Terms of Business i.e. the document you are now reading.
For the purposes herein, words denoting the singular shall include the plural, and vice versa.
1. Acceptance of our terms of business (“ToB”)
A. These ToB (printed below) apply to all instructions accepted by Convenient Wills. All work carried out in the provision of our services is subject to these terms except where changes are expressly agreed in writing. These ToB form the basis of the contract between Convenient Wills and you [the Client].
B. Your acceptance and agreement to be bound by these terms is either evidenced by you signing a document acknowledging you have received a copy of the ToB, or implied when you instruct Us (whether verbally, in writing, or by e-
C. ON RECEIPT YOU SHOULD READ THIS DOCUMENT FROM BEGINNING TO END TO ENSURE YOU AGREE TO ITS TERMS. YOU HAVE 14 DAYS COMMENCING WHEN YOU RECEIVE THE TOB -
D. Convenient Wills, can be contacted at 16 Thomas Avenue, Newcastle, Staffordshire ST5 9AF or by calling 01782 639716, or 07970 691255 or by e-
2. Your Right to Cancel
A. Where We come to your home to sell to you our services and products the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 gives you a 14-
B. Convenient Wills will refund any money you paid in respect of the preparation of Your document(s) should you change your mind within 14 days from the day you received this document (subject to you not having agreed to forfeit that right).
C. After the expiration of this 14-
D. Your ‘right of cancellation’ can be exercised by delivering, or sending (including by electronic mail to ‘info@convenient-
E. Signing Your Will(s), LPA(s) or any Legal Document is considered evidence you are fully satisfied with your document and our services, and you agree to forfeit your Right-
3. Termination of the Contract
A. You can terminate the contract at any time before signing your Legal Documents. If the termination is made after Your ‘right to cancellation’ period has expired Convenient Wills reserves the right to charge you for the advice given and for any work already carried out on your behalf in accordance with your instructions: this may also include phone calls We have made to you.
B. If we, Convenient Wills, are unable or unwilling [for whatever reason] to fulfil a contract or service We reserve the right to cancel the contract without explanation. Convenient Wills will advise you of this decision, and refund any monies paid by you to Us for that service. Convenient Wills will not have any claim on you for the time it devoted to you, nor though will you have any claim on Convenient Wills for your time.
4. Client Care
A. Convenient Wills is committed to providing you with a quality service.
B. Any complaint should, in the first instance, be addressed in writing to Rod Jones (The Proprietor) of Convenient Wills at 16 Thomas Avenue, Newcastle under Lyme, Staffordshire ST5 9AF. Tel 01782 639716.
C. Where We fall short of our objectives We will work with you to rectify the situation to your satisfaction.
5. Our Undertakings and obligations to you
- In all cases: We undertake:
A. to answer your questions honestly and truthfully and to the best of our ability;
B. to advise you of our charges and / or fees applicable to our services prior to seeking your approval/agreement to use them;
C. to be governed by the Data Protection Act 2018 (“DPA 2018”) and to comply with the DPA 2018 in respect of Your personal data.
- We are registered under the DPA 2018 to retain and store Your personal data; and
D. to provide a level of service and quality that meets your expectations. Where standards have not met your requirements we will work with you to rectify the position.
E. to record your instructions (in the ‘Instruction-
F. to generate a Draft Document Pack (a “DDP”) for Your perusal and checking. Your DDP will contain a draft Will (if you instructed us to make a Will for you), and/or an LPA Overview Summary (if you instructed Us to make Your LPAs for you.) Draft Will;
G. To post/deliver Your DDP to you within 15 working days of the Instruction -
- Note: We aim to have these documents created and posted/delivered to you within 15 working days of the Instruction-
Taking meeting unless agreed otherwise. Occasionally it may be necessary for us to prioritise clients before you (for example a person who is seriously ill in hospital will take priority over a younger person who is fit and healthy) - which can result in a delay.
H. Once We receive any information requested with our DDP We undertake [within 21 working days or receipt:
I. to correct any errors, add any omissions, and then to print off Your Legal Documents, copies, and sundry documentation; and then ...
J. [If you are using our services to oversee the signing of Your documents] We undertake to contact you to agree a convenient time for the Signing Meeting.
- At the ‘signing-
meeting We undertake: - [If you are making a Will]:
K. to oversee the signing and witnessing of Your Will to ensure it is done correctly; thereafter:
L. to arrange and oversee storage of Your Will [if you purchased that service]; and
M. to arrange severance of tenancy of Your property [if you instructed Us to do so].
- [If you are making LPA(s)]:
N. to act as Your Certificate Provider for each LPA (if so instructed); and
O. to oversee the signing and witnessing of Your LPA(s) to ensure they are completed correctly and legally. Thereafter:
P. to arrange for all your attorneys who were not present at the witness meeting to sign their respective Section 11 of each LPA. [if you have instructed Us to undertake this service].
Q. to arrange registration of Your LPAs with the Office of the Public Guardian [if you have purchased this service]; and
R. to return the completed LPA to you.
S. [If you are NOT using our services to oversee the signing & attestation of Your Will] we undertake to post your documents to you, together with full instructions for the document completion.
- As part of our holistic advice We may recommend you
- 1.) to draw up other documents, or
- 2.) take other action, or
- 3.) use other ancillary services We provide or are provided by another firm or business (e.g. Document storage, financial advice, probate, estate administration).
T. These may incur further fees if followed. You are under no obligation to proceed with any such recommendations.
6. Your Duties and Obligations to US
6.a In all cases: You undertake:
A. to answer honestly, comprehensibly, and truthfully all questions asked by Us;
B. to advise Us if Your DDP has not been received within 20 working days of the Instruction-
6.b Within 21 days of receipt of Your DDP:
A. to supply Us with any information requested by Us in our covering letter to the DDP;
B. to check [in accordance with the instructions we provide] that Your draft Will and/or LPA Overview Summary and any sundry documentation (if supplied) is correct or not; and
C. to advise Us that all is okay, or if not okay then what amendments or corrections are required.
- You can advise Us by phone (01782 639716 or 07970691255), e-
mail Us at info@convenient- wills.co.uk, or by returning the form supplied in the prepaid envelope supplied with Your DDP.
D. to contact Us if you have not heard from us within 20 working days of supplying the information requested in Section (2.a.iii).
E. to pay our fees and disbursements in full at the signing/attestation meeting -
6.c [If making your Will]: You agree:
A. to disclose all relevant facts;
B. to provide full details of your assets and liabilities and family members.
- (Note: Your failure to disclose a relevant fact at an instruction-
taking meeting may effect the validity or content of Your Will or other document, or the advice given by us to you. The facts you do provide to us will be recorded on our application form - which will be used as the basis for preparing Your Last Will and Testament, and other documents as instructed.)
C. to advise Us if you know of other trusts or constraints that would prevent your Estate being distributed as you have directed in the application form;
D. to Your Executors and Trustees having normal powers to aid the administration of Your estate -
E. to store Your master Will(s) safely and securely;
F. not to attach any item to Your Will(s), and write on it/them;
G. to advise Your executors where you have stored Your Will(s);
H. to review your Will(s) every 3 or so years, or after a significant event (e.g. The birth or the death of a family member) to ensure your Will continues to appoint the people you want and distributes your estate in accordance with your wishes;
- We would welcome an approach from you if you wish us to help you review your documents. And
I. to purchase any replacement property as ‘tenants in common’ if your existing property that you are selling is held as ‘tenants in common’ and is the subject of a trust in your Will.
- Failure to do so could result in the trust in your Will(s) not working as expected.
6.d You (or Your estate if you have died) agree to indemnify us against any unwanted consequences or claims of financial loss that results from:
A. future changes in legislation, taxation regulations, and / or Your personal circumstances -
- includes sizeable cash legacies; and/or
- a complex trust.
- Note: the drawbacks of including a complex trust in your Will(s):
- The inclusion of a trust within a Will usually provides substantial benefits but they all have their downsides. These downsides can include restricting the options, flexibility, and financial resources available to your surviving family and beneficiaries and can create additional problems for them.
6.e [If you are using our Witness and Attestation Service for Your Will] you agree to:
A. arranging for a 2nd witness to be present at this meeting.
B. Note: A neighbour is a good choice. You can choose anyone who is aged 18 or more, of sound mind, is not blind or partially sighted, and is not named in Your Will or the spouse of a person named in Your Will.
C. Note that [usually] a witness does not get to know the content of Your Will, only that you are making Your Will -
- Note: Where a testator is blind, partially sighted, or unable to sign then the witness will be present when the Will is read to the testator to ensure the testator understands its content.
- Note: No additional witness is required for your LPA(s) as we will act as a witness to all signatures.
- 6.f [If you are NOT using our Witness & Attestation service] you undertake:
A. to arrange for two witnesses to be present when you sign your Will(s);
B. to complete the Will(s) signing and attestation in accordance with the instructions we provide; and
C. to confirm to us your Will(s) has been signed in accordance with our instructions.
- 6.g [If making your LPA]: You agree to:
A. your attorneys and replacement attorneys named in your LPA Property and Financial Affairs seeing and reading your latest Last Will and Testament;
B. your attorneys named in your LPA Property and Financial Affairs making gifts on your behalf to your family and friends for birthdays, Christmas, and other celebrations in line with your past history;
C. your attorneys not receiving any remuneration for their time when acting as your attorney;
D. to advise Us if you, Your attorney(s), and Your replacement attorneys (if any) are not subject to a debt repayment plan, bankrupt, or lack capacity.
E. Us acting as Your Certificate Provider (unless you instruct otherwise);
F. Us obtaining Your attorney’s signatures to their respective S11s of each LPA after Section 10 has been signed -
G. You undertake to do so as soon as possible: there is a limited time by which all signatures must be obtained. And
H. you accept full responsibility and liability for having the LPA(s) properly executed by each of your Attorneys.
I. complete the signing of Your LPAs as directed by Us;
J. to indemnify Convenient Wills, its proprietor, its agents, and its staff from any unwanted consequences or financial loss arising from:
- your attorney(s):
- failure to sign and have witnessed correctly their respective LPA Section 11s;
delay in the completion and returning their respective LPA Section 11s; or
- refusal to sign at all their respective LPA Section 11(s); or
- delay in providing requested information or documentation;
K. to store your LPAs safely; and
L. to advise your attorneys where you are storing the original documents.
- 6.h [If you are making your LPA and you wish to have your LPA registered with the OPG] you agree to:
A. advise Us who is to register Your LPA(s) with the Office of the Public Guardian (OPG).
You confirm you are aware that if using us then there is an additional fee to pay for this service, in addition to the registration fees charged by the OPG; and
- 6.I [If you wish to arrange the registration yourself or to leave the registration until a later date] you hereby indemnify the proprietor and staff of Convenient Wills against any unwanted outcome or financial loss should the registration application be rejected by the Office of the Public Guardian for whatever reason and/or the document is needed by your attorneys but the registration process is incomplete at that time.
- 6.j [If making your LPA(s) AND you are instructing Us to register the LPA(s) AND your income is less than £12,000 a year] you agree to:
A. provide Us with the required evidence of income to support your claim for a fee remission or fee exemption.
- If the evidence you supply is then not accepted by the Office of the Public Guardian you agree to pay the full fee (as charged by the Office of the Public Guardian) and you agree to indemnify Convenient Wills, its proprietor, and its agents against any liability or consequence which arises as a consequence of not paying the full fee initially.
B. who is to register your LPA(s) with the Office of the Public Guardian (OPG).
C. You are aware that if using Us then there is an additional fee to pay for this service, in addition to the registration fees charged by the OPG; and
D. [If you have agreed to do so yourself or to leave the registration until a later date] you hereby indemnify the proprietor and staff of Convenient Wills against any unwanted outcome or financial loss should the registration application be rejected by the Office of the Public Guardian for whatever reason and/or the document is needed by your attorneys but the registration process is incomplete at that time.
7. You confirm:
7.a You confirm that:
A. Both of You/You are over the age of 18 years and of sound mind.
B. You understand the purpose of the products and services you have purchased from Us or intend to purchase from Us, or if you do not understand our products and services you confirm you will ask as many questions as is required until you do understand them.
C. We may correspond with You through any agreed medium (including written correspondence, electronic, e-
[7.b If making Your LPA] you confirm that:
A. each attorney has given you permission:
B. to provide their personal information to Us;
C. for Us to be able to process their personal data (including sensitive personal data); and
D. to disclose their personal data to Your other attorneys; and
E. you have told each attorney who We are and what We will use their personal data for.
- End of Terms of Business
_____________________________________________________
Notice of Cancellation
Please detach and return this form only if you wish to cancel this contract. Please see Section 3 for more information.
To: Rod Jones of Convenient Wills, 16 Thomas Avenue, Newcastle, Staffordshire ST5 9AF
I/We (delete as appropriate) hereby give notice that I/we wish to cancel my / our (delete as appropriate) contract with you agreed on ____________________ to draft our will(s) / Lasting Powers of Attorney and/or other documents.
Signed: __________________________________ Date _________________
Name(s) and address: _________________________________________
_______________________________________
_______________________________________
