TERMS AND CONDITIONS FOR THE SUPPLY OF ESTATE PLANNING SERVICES
We are Norfolk Wills and Estate Planning Ltd, a company registered in England and Wales. Our company registration number is 10090651 and our registered office is 10a Castle Meadow, Norwich, NR1 3DE. We also operate under other brand names such as Norwich Will Writing co and National Wills and Estate Planning. All work conducted by the company or its brand names are conducted by Norfolk Wills and Estate Planning Ltd. If you wish to contact us please write to Customer Services, Norfolk Wills and Estate Planning Ltd 12 Norwich Street Dereham NR19 1BX or email contact@norfolkwillsandestateplanning.co.uk
These Terms and Conditions (the “Terms”) apply to the agreement between You and Us for the provision of Estate Planning Services. By placing an order with Us, You are offering to buy the Estate Planning Services subject to these Terms. Our acceptance of your order will take place on completion and signing of your consultation documentation, at which point a contract will come into existence between You and Us.Please read these Terms carefully before you submit Your order to us. These terms tell You who We are, how We will provide the services to You, how You and We may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these Terms, please contact Us to discuss.
Definitions
The following terms have the following meanings in these Terms:
“Brochure” means Our official brochure, which contains details of Estate Planning Services, and relevant prices and which confirms Your selected Estate selected Estate Planning Services.
“Deposit” means the amount You are required to pay upon placing your order
“Designated Professional Advisors” means the professional advisors that will perform Your chosen Estate Planning Services.
“Estate Planning Services” means Your choice of estate planning services (such as preparation of wills, lasting powers of attorneys and trusts) set out in the Brochure and as confirmed in the Estate Planning Services Confirmation.
“Estate Planning Services Confirmation” means the confirmation We will send You containing the Brochure and other documents, and which will confirm Your chosen Estate Planning Services and the Estate Planning Services Price.
“Estate Planning Disbursements” means the third-party costs associated with the Estate Planning Services that you will be required e.g. HM Land Registry Fees, Office of the Public Guardian fees
“Estate Planning Services Price” means the price of Your chosen Estate Planning Services which includes VAT as set out in the Brochure and confirmed in the Estate Planning Services Confirmation.
“Instalment Term” means the period of time that You have chosen to pay for your Estate Planning Services.
Payment Method” means the way that You have chosen to pay for Your estate planning services either:
“Professional Advisors’ Fees”means the fees charged by the Designated Professional Advisors for the relevant Professional Advisors’ Services.
“Professional Advisors’ Services” means the estate planning services (as applicable) that are supplied directly by the Designated Professional Advisors.The Estate Planning Services only include the Professional Advisor’s Services that are set out in the Estate Planning Services Confirmation and the Brochure.
Disbursements. Our fees do not include 3rd party disbursements such as the £82 Per Lasting Power of Attorney registration fees paid to the Office of the Public Guardian
““Start Date” means the date that Your Estate Planning Services instruction was taken by us .
.“Us”, “We”, “Our” means Norfolk Wills and Estate Planning Ltd
“Welcome Pack” means the Brochure and other documents provided to you which will confirm your chosen Estate Planning Services
“You”, “Your” means the person or people applying for Estate Planning Services.
Insurance
The company has professional Indemnity insurance of £2,000,000 and Public Liability Insurance of £5,000,000 to cover claims and losses worldwide (except in the United States and Canada) arising as a result of any negligent act by it. Should you have any queries regarding the insurance, please contact Simply Business 6th Floor 99 Gresham St, London, EC2V 7NG.
What Your Estate Planning Services Include
Your chosen Estate Planning Services include only those services specifically detailed on Your Estate Planning Services Confirmation and do not cover the provision of services in countries other than England and Wales nor any Estate Planning Disbursements and expenses. The cost of Estate Planning Services is made up of the Professional Advisors’ Fees relating to Estate Planning Services. These charges cover all the elements of the estate planning services that are provided by the Designated Professional Advisors directly. They include the provision of the Professional Advisors’ Services in relation to Estate Planning Services based on Your chosen Estate Planning Services, e.g. drafting your will, lasting power of attorney or creating a trust.
We guarantee that the Professional Advisors’ Services in relation to the Estate Planning Services will be procured by Us on Your behalf at no extra cost to You, provided that the Estate Planning Services are carried out by the Designated Professional Advisors. Please see the Brochure and the Estate Planning Services Confirmation for the full details included in Your chosen Estate Planning Services option. The cost of the Estate Planning Services does not include any Estate Planning Disbursements or expenses. Estate Planning Disbursements and expenses are the third-party costs associated with the Estate Planning Services that the Designated Professional Advisors you will be required to pay , e.g. fees for registering a lasting power of attorneys (£82 per Lasting Power of Attorney), HM Land Registry charges etc We will notify You of any Estate Planning Disbursements and expenses once Your Designated Professional Advisors are allocated to you.
Your Designated Professional Advisors
We work with contracted, reputable professional advisors to provide Your Estate Planning Services.The regulated activities such as probate and trust services that Norfolk Wills and Estate Planning offer are drafted by Rebecca Sharwood of Sterling Private Client an SRA regulated Solicitor that Norfolk WIlls and Estate Planning works with. Norfolk Wills and Estate Planning acts and Introducer for any reserved activity products and does not draft these products, any advice on these products is provided by the Solicitor. By signing these terms you agree to be introduced to Sterling Private Client if you have chosen to purchase reserved activity products.For Will Writing, Lasting Power of Attorneys and Property Property Protection Trusts The Company usually operates a two appointment 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.When your Will has been drafted these will be sent to you to approve the content. Once approved these documents will need to be signed and witnessed by an appropriate person. We recommend an office appointment to action this, however you have the option to sign these yourself using an appropriate witness and we can supply a signing guide to meet the requirements. The Company is obliged to give you the 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. Additional products do not mean you cannot obtain a valid will. Product options will be discussed in your initial meeting when we take your instruction. The Person taking the Instruction is our Director Ross Ratcliffe who has 22 years experience in the Estate Planning and Financial Services industry. This will then be drafted by a Will Writer who holds recognised industry qualifications. Neither the Estate Planning Consultant nor the Will Writer are part of an approved regulatory body such as the SRA; it is not a legal requirement for them to be part of such a body. We do however follow the recommended guidance and processes recommended by the Competitions and Market Authority (CMA) for consumer protection.
How to Pay for Your Estate Planning Services
You can choose to pay the Plan Price in one of the following Plan Payment Methods:
(a) Lump Sum, being payment in full by one single payment at the time You take out the Services. If you choose to pay upfront client monies are held by us in a designated client account until the point we complete your estate planning services products. (b) Instalments, Your instalment term. A minimum Deposit will be required before work will commence. This will usually be half of the total fee upfront and half on completion of your Estate Planning Services products. (C) On completion of your products This will require a minimum deposit.The Price that you pay for our services is detailed in our brochure and will also be detailed in your order confirmation. It is your choice of which payment option you select.
CancellingYour Estate Planning Services
You have the right to cancel Your Estate Planning Services within 14 days without giving any reason. The cancellation period will expire after 14 days from the Start Date.To exercise the right to cancel, You must inform us of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or email). To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired to ross@norfolkwillsandestateplanning.co.uk. If You decide to cancel the Estate Planning Services within 14 days after the Start Date all payments made to the date of cancellation will be repaid to you (without interest). In these circumstances, no cancellation fee will be payable. We will make the reimbursement to you without delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract. If You decide to cancel the Estate Planning more than 14 days after the Start Date, please inform Us in writing at Our head office.We may require You to pay the balance. You are entitled to waiver your 14 day cancellation period and allow us to commence work on your chosen Estate Planning Services products. If work has commenced and you decide to cancel within the 14 day cancellation period you will only receive a proportion of the fee back taking into consideration reasonable losses to the company for work that has commenced. If You cancel the Estate Planning Services, We will have no further obligation to fulfil the Estate Administration Plan or the Estate Planning Services.
Complaints
Complaints about Your Estate Planning Services should be made in writing to our Director Ross Ratcliffe, 12 Norwich Street, Dereham, NR19 1BX. We will acknowledge receipt of Your complaint within 14 days and will do Our utmost to ensure that any complaint is dealt with as quickly and efficiently as possible. We will investigate the complaint and write to you within 56 days of receipt of the complaint. If we do not find you in favour we will write to you with information about consumer protection laws. Although all out staff are fully trained and have many years experience in providing Estate Planning Services neither the Estate Planning Consultant at the initial meeting or our Will Writers are part of a Regulatory body such as the SRA as such you may not be entitled to the same redress as firms operating under a regulatory body such as the SRA. if We are unable to reach a mutually satisfactory outcome to Your complaint, We may refer your complaint to an independent mediator or you can seek advice from Citizens Advice Bureau or Trading Standards. If you are not happy with the results of the investigation or the company’s complaints procedure this does not prevent you seeking other forms of redress.
General
We may vary all or any of these Terms at any time upon publishing such changes on Our website. Such changes to our terms and conditions will become effective 7 (seven) days after publication of the changes on Our website. We shall only change the terms and conditions if and when it becomes necessary or appropriate to do so in order for Us to comply with legal, fiscal or regulatory requirements.
We will only use Your personal information as set out in Our privacy policy, which is displayed in Our website.
If We fail to comply with these Terms, We are responsible for loss or damage You suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.We have no further obligation to You, the obligations set out in these Terms or otherwise agreed by Us in writing.
Any liability We may have to You under this contract is limited to £2,000,000 under our indemnity insurance. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; or failure to provide services with reasonable care and skill.
We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under this agreement.
This contract is between You and Us. No other person shall have any rights to enforce any of its terms.Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
If We do not insist immediately that you do anything you are required to do under these Terms, or if We delay in taking steps against You in respect of your breaking this contract, that will not mean that You do not have to do those things and it will not prevent Us taking steps against You at a later date. 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.
The costs of correcting at draft stage any error or omission on the part of the Company shall be borne entirely by the Company if found that we are responsible for the error. Any inaccurate information supplied could invalidate the product/advice in question and as a result our liability may be omitted
We are under no obligation to supervise the signing of products drafted nor does it accept any responsibility for an unexecuted or improperly executed documents or for any losses suffered by The Client/s or any third parties as a result there of
The company does not offer any advice on Lifetime Trusts or other reserved activities like Probate or Transfers of Equity. We will introduce you to an SRA regulated Solicitor Rebecca Sharwood of Sterling Private client and any Advice is provided by the Solicitor.The creation of a family asset protection trust is using information provided by you so all information should be accurate and you make your own assessment if the product is appropriate for you. A family asset protection trust should only be taken if appropriate to your needs and not for specifically avoiding costs associated with care home services.,I/we have explained to us the concept of “Deprivation of Assets” and I/we fully accept that no guarantee can be provided that action taken will not be challenged by the Local Authority or any other third parties.The Company does not accept any liability or obligation to advise The Client/s of any changes in legislation or taxation, which may affect The Client/s either directly or indirectly and which may necessitate a review of the products.The Company does not offer tax advice, should you require ta advice you should seek advice from an HMRC registered tax Advisor.
These Terms are governed by English Law, and either party can bring legal proceedings in connection with these Terms in the English Courts.
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..
You must provide sufficient evidence of your identity to enable the Company to confirm your identity and/or comply with Money Laundering Regulations.
Once we have drafted the initial draft documents It is your responsibility to respond to us via email or writing with approval of draft documents or any required amendments.if inaccurate or vital information is withheld failure to check the provisions of any products or other documents drafted hereafter based on the information supplied. By signing this form you agree with all the information supplied by you and everything discussed in our will instruction form.
Timescales and duration of contract
Your completed draft documents will be available within 21 days from the date on which the Company has all the information that it requires to complete your documents. We will send your draft documents via email or post. It is your responsibility to respond to us via email or writing with approval of draft documents or any required amendments.The Company will provide advice free of charge in matters relating to this transaction for its lifetime. It is your responsibility to provide us with any required information within a reasonable timeframe. it is important that you read and understand the above terms that will apply to this agreement before signing. If there is any term that you do not understand or do not wish to agree to then please discuss it with Norfolk Wills and Estate Planning LTD before signing. Only sign if you wish to be bound by terms and conditions this Letter of Engagement By signing this document you are also confirming you have the mental capacity and understand the implications of giving instructions to take out our products and are not being unduly influenced by anybody and have chosen your own payment terms.
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If you wish for Norfolk Wills and Estate Planning to commence work immediately rather than wait 14 days please sign below. By signing this you are confirming you have read and understood your cancellation rights however wish for us to commence work with immediate effect.
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