Terms of Business

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

1. Definitions and Interpretation

   1. In these Terms and Conditions, the following terms shall have the following meanings:

      “Calendar day” means any day of the year

      “Cancellation form” means the form attached to these Terms and Conditions as Schedule 1; “Cancellation Notice” means the notice attached to these Terms and Conditions as Schedule 1 or such other written document containing the same information, produced by the Customer;

      “Contract” means the contract for the purchase and sale of the Services under these Terms and Conditions;

      “Company” means Pemberley Wills & Estate Planning Ltd;

      “Customer” means the individual purchasing the Services from the Seller who shall be identified in the Order;

      “Order” means the customer’s completed order for the purchase and provision of Services;

      “Payment Information” means all information required to take the required payments from the Customer and includes, but is not limited to, credit/debit card details and residential address details;

      “Sales Literature” means all brochures, leaflets, price lists and other documents providing details of Services available and pricing information for those services;

      “Seller” means Pemberley Wills & Estate Planning Ltd;

      “Services” means the services which the Seller is to provide in accordance with these Terms and Conditions, any specific terms which apply only to those services, and as specified in the Order.

   2. Unless the context otherwise requires, each reference in these Terms and Conditions to:
      
      1. “writing”, and any cognate expression, includes a reference to any communication effected by electronic means.
      2. a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time.
      3. “These Terms and Conditions” is a reference to these Terms and Conditions and the Schedule as amended or supplemented at the relevant time.
      4. a Schedule is a schedule to these Terms and Conditions; and
      5. a Clause, Section or paragraph is a reference to a Section of these Terms and Conditions (other than the Schedules) or a paragraph of the relevant
   3. The headings used in these Terms and Conditions are for convenience only and shall have no effect upon the interpretation of these Terms and
   4. Words imparting the singular number shall include the plural and vice
   5. References to any gender shall include the other

2. Procedures

   On the initial appointment your detailed instructions will be taken, and appropriate advice given on matters relating Will Writing Services. Any queries or questions will be answered, and a full explanation given on the contents and terminology used in the drafting of your Documents.

3. The Company undertakes to:

   1. Provide you with the best advice on matters relating to the Will Writing In some cases, this may mean advice to draft 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. In some circumstances you may be asked to sign a declaration stating that you are acting against the advice given.
   2. Comply with the Client`s instructions using reasonable skill, care, and expedition appropriate to the need of the Regarding the dispatch of documents, the Company must adhere to the following timescales unless otherwise agreed in writing with the client at the time that the client's instructions are received. The following timescales take effect immediately upon the Client providing all the information required to complete the agreed instructions:
      • Dispatch of draft Documents by post or email, as requested – 10 working days following the Cancellation Period (see 6.3)
      • Dispatch of executable Documents by post AFTER drafts are approved – 5 working days

      However, where circumstances occur, including those which are beyond the Company’s control, which result in the documents being delivered outside the above stated timescales, the Client must be informed and upon their request must be provided with a full written explanation for the cause of the delays AND the opportunity to renegotiate or cancel the contract, with a full refund being provided should it be requested by the Client. The timescale varies depending on the different circumstances of each case, especially if third parties are concerned. If the timescale changes and it will take longer to conclude your matter, I will discuss this with you and agree a new proposed estimated completion date.

   3. 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.
   4. To provide the services that you have requested it may be necessary for us to refer the work to a third party. We use Fidelis Legal Services Ltd for trust drafting and probate services. Fidelis Legal Services are not a regulated firm, but any reserved activities are carried out by persons authorised under the Legal Services Act.
   5. Offer an attestation service that supervises the signing and witnessing of your Documents at your 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 for your Documents to be valid. All Documents will be supplied to you with full written instructions of how these should be completed, and the Company will check the documents for free after they have been signed to ensure validity. It is your responsibility to send the documents to our Company after you have signed them.
   6. Refund any money paid in respect of the preparation of your Will(s) should you change your mind within 14 days from the date of taking your 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. 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 upon any material change in your circumstances, such as divorce, marriage, the birth of children or the inheritance of a large sum of money, etc.
   8. Explain any differences between the Client’s instructions or expectations and the documents to be provided where the company cannot legally or practically follow the instructions given by the Client.

4. The Customers Obligations are:

   1. To provide all the information required to complete the drafting of your documents within 3 months of your signing these terms.
   2. 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 therefore not documented by the person taking your instructions, and which later comes to light as being of relevance and which may affect the validity or content of your Documents or advice
   3. To read the draft Documents 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, informing the Company of any further alterations you may wish to make or providing any missing data not supplied at the time of taking your instructions.
   4. To notify the Company if you do not receive your draft Documents within three weeks of the first appointment, unless otherwise agreed.
   5. To pay the fee due for the provision of Will Writing Services in full and in accordance with the terms of our invoice.
   6. If you request us to witness the signing of your Will in person, you should arrange for at least one witness to be present at the time of the execution of your

5. Payments and Refunds

   1. The total invoiced amount is payable prior to drafting your documents, since drafting documents typically consumes more than 80% of the work required to achieve the Client’s desired outcome.
   2. Robust measures are in place to ensure that 100% of the Client's fees can be refunded in the unlikely event of the Company’s insolvency or cessation of business.
   3. If the Customer chooses to exercise the Right to Cancel in accordance with Clause 6 below, the provisions of this Clause 5 shall apply in determining any refund to which the Customer may be
   4. The Customer must inform the Seller of their exercise of the Right to Cancel within the period required by Clause 6.
   5. If the provision of Services has commenced, at the Customer’s written request, prior to the giving of notice by the Customer and the end of the Cancellation Period, the Seller shall remain entitled to any monies constituting the value of such Services.
      
      1. Where the Customer has already made payment to the Seller, any refund issued shall be less the relevant sum determined under sub-Clause 5.6.
      2. Where the Customer is yet to make payment to the Seller, the sum due from the Customer shall be adjusted accordingly.
      3. The Seller will inform the Customer in writing of the relevant calculations involved in determining sums deductible or payable under this Clause 5.
   6. If the provision of Services has commenced prior to the giving of notice by the Customer and the end of the Cancellation Period without the Customer’s written request, the Seller shall not be entitled to any monies constituting the value of such Services.
   7. If the Customer requires their Documents urgently and require that the Company commence work prior to the expiration of the cancellation period, the Customer can agree to waive their rights under the Regulations by signing a waiver This will mean that they will be required to pay for any work completed should they decide to reinstate their right to cancel within the 14 days. This should be provided in writing.

6. Notice of the Right to Cancel

   1. The Customer has the right to cancel the Contract within the Cancellation Period as determined by The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
   2. For the purposes of this Cancellation Notice, the reference to be quoted in all communication is your full name(s).
   3. The Customer has the right to cancel the Contract within 14 Calendar Days of receipt of this notice (the “Cancellation Period”).
   4. The Customer may be required to pay for Services provided if provision of the Services has commenced with the Customer’s written agreement prior to the end of the Cancellation Period.
   5. In the event the Customer chooses to exercise their right to cancel within the Cancellation Period, the Cancellation Form attached to these Terms and Conditions as Schedule 1 should be completed fully and returned to the Seller at the address provided in sub-Clause 6.6.1.
   6. Cancellation Notices must be sent to the Seller by post or delivered by hand to 6 Schwarz Avenue, Watchet, TA23 0FN or by email to nathan@pemberleywills.co.uk. Cancellation Notices shall be deemed served upon the Seller:
      
      1. In the case of a Cancellation Notice sent by post, at the time of posting; and
      2. In the case of a Cancellation Notice sent electronically, on the day it is
   7. Use of the Cancellation Form is optional; however, all Cancellation Notices, in whatever format, must be in writing and must contain all information included in Schedule 1.

7. Document Storage

   1. For the long-term security of your documents, you will be offered an optional secure Document storage Paying the Company £49.00 inclusive of VAT annually in advance by Direct Debit for this service meets the cost of having your original Documents securely stored, scanned for electronic storage, and allows you to make up to 3 alterations per year to your Will at no additional cost providing your storage payments are up to date.
   2. If you prefer to store your own original documents, they will be returned to you for your If any amendments to your documents are required in future, you will be provided with a quote for this additional work upon request.
   3. Advice on the use of a Trust, business assets and Inheritance Tax will incur an additional cost, and you will be notified of any additional costs before such work commences.
   4. Enquiries in relation to altering your Documents will be responded to within 10 working days of receipt of the enquiry. The timescales given in clause 3.2 also apply to requests for amended documents.
   5. In the event the Company ceases trading then no other entity shall be liable for providing an ongoing service to update your Documents without further charge. In such an event, arrangements are in place to transfer your documents to another estate planning firm who are equipped to safely store your documents and can provide ongoing advice and servicing of your estate planning requirements.
   6. Your Document storage service can be cancelled at any time by either party without notice by informing the Company by email, post or telephone and your Documents will be returned to you within 31 days by registered Since payment is made annually in advance, a pro-rata refund will be made upon cancellation. For example, if your subscription payment is made on 1st January and you cancel your subscription 15 days later, you will receive a refund of £46.99, which is a refund equivalent to 350 days where we have not stored your documents.
   7. Storing your documents with us is not your only option. For example, you can store a will with HM Courts and Tribunal Service https://www.gov.uk/government/publications/store-a-will-with-the-probate-service/how-to-store-a-will-with-the-probate-service
   8. The Notice of the Right to Cancel in clause 6 applies in full to your Document storage
   9. The cost of Document storage is reviewed every 3 years. You will be informed by email at least 6 months before any change in price is affected. If you do not accept the revised cost, the Notice of the Right to Cancel in clause 6 applies to your Document storage

8. Liability

   1. If the Seller fails to perform the Services with care and skill it shall carry out remedial action at no extra cost to the
   2. The Seller shall not be liable to the Customer or be deemed to be in breach of these Terms and Conditions by reason of any delay in performing, or any failure to perform, any of the Seller’s obligations if the delay or failure was due to any cause beyond the Seller’s reasonable control or where the Customer has failed to meet their obligations under Clause
   3. Any advice and recommendations given by the Company will be based on the understanding of law and best practice advice at the date of this No responsibility is held by the Company for any future change in the law or best practice advice.
   4. The company holds Professional Indemnity Insurance to the value of £2.5 million to cover any claims or losses arising from any negligent act or omission by the Company.

9. Client Care

   1. The Company is committed to providing the Customer with a high-quality service. An essential part of that service is that the Company will communicate effectively with the Customer so that they are kept informed of
   2. Company maintains a full complaints procedure to which any complaint should first be addressed. If the matter is unable to be resolved to your satisfaction you may refer it, in writing, to The Society of Will Writers, Chancery House, Whisby Way, LN6 3LQ.
   3. The Company complies with the Society’s Code of Practice of which a copy is available upon
   4. A customer satisfaction survey is available from your consultant upon Please read the above terms carefully and ensure you understand them before signing.

REGARDING USE OF PERSONAL DATA

Due to the nature of our business, there are legal requirements that we must adhere to in relation to record keeping. All relevant information and documentation collected and produced in connection with your estate planning will be kept for 6 years after your death. We would also like to keep in touch with you to ensure a continuity of care. Our reasons for contacting you may include:

• Reminding you to review your documents from time to time
• Informing you of changes in the law that may affect your estate planning
• Contacting you regarding the storage of your documents
• Telling you about products and services that we believe would be of interest to you

Communications with you may be via letter, email, SMS, phone call or by an email newsletter. We will always treat your personal details with the utmost care, and we will never sell them to any other companies for marketing purposes. Please be assured that we only communicate with you when it is necessary, or if we believe that you would benefit from discussing a product or service based on information you have provided. You can change your mind at any time and withdraw your consent for us to contact you. If you wish to stop receiving contact by a particular method, or if you want to opt out of receiving any/all the communications mentioned above, you can do so by email to nathan@pemberleywills.co.uk or by sending us a letter detailing the changes that you wish to make. You have the right to complain to the Information Commissioner’s Office if you think there is a problem with the way we handle your data.

For information on how we collect, store, manage and use your data please view our privacy notice at www.pemberleywills.co.uk