Terms & Conditions
The Will Writing Company (North East) Limited (hereinafter referred to as “the Company”) is a member of the Institute of Professional Willwriters (hereinafter referred to as “IPW”) and it is mandatory that it operates in accordance with the IPW Code of Practice, copies of which are available free of charge either from the Company or from the IPW at the address overleaf. Any instances of non compliance with the IPW Code of Practice should be addressed to the IPW. The purpose of these Terms of Engagement is to explain to you what your rights and obligations are and what rights and obligations the Company have.
Both the Company and the IPW are keen to ensure that the Company provides its services to the highest standards within the profession and in compliance with the Code of Practice. We would be grateful if you would spend a few moments completing an on line questionnaire at www.ipw.org.uk/feedback. Alternatively a paper version of the questionnaire will be provided to you at the signing appointment.
1) Our obligations
a) The Company usually operates a two visit system. The first visit is to discuss your situation and your requirements and to obtain as much information as possible to enable us to draft your documents. A second visit will be arranged to return your documents, to explain them to you so that you can be sure that they meet your requirements and to supervise the signing of them.b) The Company is obliged to give you best advice. In some cases this may require additional products or 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, or 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 law, practices or procedures.
d) The Company has Professional Indemnity Insurance of £2million and Public Liability Insurance of £5million to cover claims and losses arising as a result of any negligent act by it.
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 maintain client files for a period of 6 years after your death, or 6 years after you have notified us in writing that your document(s) have been revoked, whichever event occurs first.
h) For your lifetime in matters relating to this transaction, the Company will provide telephone support and advice free of charge via a telephone support line which shall be at standard BT rates.
2) Your obligations
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.3) Timescales
a) Your draft Will will be available within 7 working days of the expiry of your cancellation period, or 7 working days from the date on which it has all the information that it requires to complete your documents. Your final documents will be ready for signature at our office 10 working days after the expiry of your cancellation period, or 10 working days from the date on which it has all the information that it requires. Your final documents may be delivered to you at a later date as agreed with you.b) In the event that the Company is unable to meet the above timescale then you can 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 20 working days of this agreement then you will be liable to pay half of the total fees on the 30th day after this agreement. Any fees paid at this time will be deducted from your final invoice.
4) Fees and Payment
a) The Company’s fees for writing Wills and for any additional products or services are enclosed.b) Payment will be required, in full, on completion of the documents to your satisfaction and may be made by cheque, credit card, debit card or cash (subject to compliance with Money Laundering Regulations 2007).
5) Your right to cancel
a) You have a right to cancel this agreement in writing to be received by the Company at the postal address or the email address below within 7 working days of the date that you first give us information to enable us to complete work for you and you will not be required to make any payment.b) You can cancel this agreement in writing to be received by the Company at the postal address or the email address below, after 7 working days after the date that you first give us information to enable us to complete work for you but unless the cancellation is due to a delay on the part of the Company that is beyond the timescale referred to in section 4a, you will be liable to pay half of the full fee due.
c) Where notice of cancellation is posted, it is recommended that it is sent by Recorded Delivery.
d) The Company will acknowledge receipt of notice of cancellation in writing within 10 working days.
e) You can agree in writing that the Company can start work on your documentation on a date before the expiry of 7 working days of the date that you first 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 that the Company starts work on your documents.
6) Complaints
a) If you are not happy with any aspect of service provided by the Company, please ring our Office Manager on 0191 214 0880.b) If you wish to make a complaint about any aspect of service provided by the Company, you must, in the first instance write to The Office Manager at the address below. The office will acknowledge your letter within 3 working days of receipt and then investigate the circumstances of your complaint and write to you with the results of his investigation within a further 20 working days. If you are not happy with the results of the investigation by the Company, you can write to the IPW at their address below. They will instigate a Conciliation Process to help you and the Company reach a mutually satisfactory agreement.
c) If you are not happy with the results of the Conciliation Process or if you choose not to take up the Conciliation Process following any investigation by the Company, you can write to the Estate Planning Arbitration Scheme (EPAS) at the address below who will then investigate your complaint and make a formal judgement but there will be a cost to you if you take this option.
d) These complaints procedures do not prevent you from seeking other means of redress.
| The Will Writing Co (NE) Ltd Aston House Redburn Road Westerhope Newcastle upon Tyne NE5 1NB www.willwritingcompany.com admin@willwritingcompany.com Tel: 0191 214 0880 | Institute of Professional Willwriters Trinity Point New Road Halesowen B63 3HY www.ipw.org.uk office@ipw.org.uk | Estate Planning Arbitration Scheme (EPAS) IDRS Limited 12 Bloomsbury Square London WC1A 2LP |