Terms and Conditions

1. Definitions and Interpretation

1.1 Key Terms

In these Terms and Conditions, the following definitions apply:

Client

means any individual who has contacted A.D.E. Wills regarding our Services or has purchased our Services

Contract

means the legal agreement between A.D.E. Wills and the Client for the provision of the Services, incorporating these Terms and Conditions

Services

means Will writing, Lasting Powers of Attorney (LPAs), Ordinary Powers of Attorney, estate planning advice, Legacy Care Plans, Safe Will Plans, attestation services, and all other related services offered by A.D.E. Wills

Charge

means the sum payable for the provision of the Services

Website

means https://adewills.co.uk/

Legacy Care Plan

means our subscription service providing Will storage and regular updates

Safe Will Plan

means our annual subscription service for secure document storage

Business Days

means Monday to Friday excluding Bank Holidays

Digital Platform

means our online video calling systems including Google Meet, Microsoft Teams, WhatsApp video call, and electronic communication methods

Written

means any notice in hard copy form or electronic form including email, text message, or any other method that produces a record of the communication

1.2 Agreement Terms

These Terms and Conditions represent the entire agreement between A.D.E. Wills and the Client. Any changes must be agreed in writing by A.D.E. Wills.

1.3 Quotation Validity

Quotations are valid for thirty (30) days from the date of issue.

2. Scope of Services

2.1 Our Professional Services

A.D.E. Wills provides the following comprehensive estate planning services:

2.1.1 Will Writing Services

• Standard Will writing (online video call, telephone, office visit, and home visit)
• Mirror Wills for couples
• Complex estate planning Wills
• Will updates and amendments
• Letter of Wishes preparation
• Life Interest Trusts (within Wills)
• Discretionary Trusts (within Wills)

2.1.2 Lasting Power of Attorney Services

• Health and Welfare LPAs
• Property and Financial Affairs LPAs
• Business LPAs
• LPA registration assistance

2.1.3 Other Legal Documents

• Ordinary Power of Attorney
• Estate planning documentation

2.1.4 Ongoing Services

• Legacy Care Plans (Standard, Advanced, Premium)
• Safe Will Plans
• Annual Will reviews
• Document storage and retrieval

2.1.5 Additional Services

• Estate planning consultations
• Attestation and witnessing services
• Charitable Will services
• Professional referrals

2.2 Service-Specific Terms

Each service type is subject to specific terms detailed in the relevant sections below.

3. Service Delivery Methods

3.1 Online Video Call Services

3.1.1 Secure Video Platforms

Online services are provided through secure video calling platforms including Google Meet, Microsoft Teams, and WhatsApp video call.

3.1.2 Instruction Acceptance

Acceptance of online instructions occurs when we receive verbal instructions during the video call and any required identification documents.

3.1.3 Technical Requirements

You must ensure you have appropriate internet connectivity, compatible devices, and a suitable environment for confidential video calling.

3.1.4 Progress Updates

We will provide email confirmations of instructions received and progress updates.

3.1.5 Written Confirmation

Important instructions and agreements reached during video calls will be confirmed in writing.

3.2 Telephone Services

3.2.1 Consultation Hours

Telephone consultations are conducted during our business hours or by pre-arranged appointment.

3.2.2 Call Recording

We may record telephone conversations for quality assurance and training purposes, with your consent.

3.2.3 Written Confirmation

Important instructions and agreements reached during telephone consultations will be confirmed in writing.

3.3 Office Visit Services

3.3.1 Appointment Only

Office visits are available at our office at 46 Woodstock Road Oxford OX2 6HT by pre-arranged appointment only.

3.3.2 No Walk-In Appointments

We do not accept walk-in appointments and all office visits must be booked in advance.

3.3.3 Cancellation Notice

Office visit appointments require a minimum of 48 hours’ notice for any changes or cancellations, or charges may apply.

3.4 Home Visit Services

3.4.1 Service Availability

Home visits are available within a reasonable distance from our office, with each situation judged on its merits and urgency.

3.4.2 Travel Charges

Additional charges may apply for home visits requiring long-distance travel.

3.4.3 Cancellation Policy

Home visit appointments require a minimum of 48 hours’ notice for any changes or cancellations, or charges may apply.

3.4.4 Safety Discretion

We reserve the right to decline home visits if we consider them inappropriate or unsafe.

4. Client Obligations

4.1 Information Provision

4.1.1 Complete and Accurate Information

You must provide complete, accurate, and honest information when requested to enable us to provide the Services.

4.1.2 Change Notifications

You must immediately notify us of any changes in circumstances that may affect your instructions or the validity of documents we prepare.

4.1.3 Relevance Disclosure

If you are unsure whether information is relevant, you must disclose it and allow us to determine its relevance.

4.1.4 Liability Limitation

We will not accept liability for information not disclosed that later affects the validity or content of documents produced.

4.2 Document Review

4.2.1 Careful Review Required

You must carefully and promptly review all draft documents we provide and confirm they correctly reflect your wishes.

4.2.2 Detail Verification

You must verify all names, addresses, and details are correctly recorded.

4.2.3 Timely Response

You must return draft documents with any required amendments as soon as possible.

4.2.4 Non-Receipt Notification

You must notify us if you do not receive draft documents within three weeks of your initial consultation, unless otherwise agreed.

4.3 Identification Requirements

4.3.1 Legal Compliance

You must provide satisfactory evidence of identity and current address as required under Money Laundering Regulations 2017.

4.3.2 Required Documents

4.3.3 Alternative Arrangements

If you cannot provide standard identification, you must contact us immediately to discuss alternatives.

4.4 Cooperation with Procedures

4.4.1 Capacity Assessment

You must cooperate with our capacity assessment procedures and any requests for medical information or GP assessment.

4.4.2 Appointment Attendance

You must attend scheduled appointments or provide adequate notice of changes.

4.4.3 Signing Procedures

You must follow our signing and witnessing procedures to ensure document validity.

5. Our Obligations

5.1 Service Standards

5.1.1 Professional Care and Skill

We will perform all Services with reasonable care and skill to the best of our abilities.

5.1.2 Appropriate Advice

We will provide appropriate advice based on information you provide, including basic inheritance tax guidance.

5.1.3 Timescale Compliance

We will use our best endeavours to comply with agreed timescales provided at consultation.

5.1.4 Clear Communication

We will clearly explain procedures and terminology in documents we prepare.

5.2 Professional Standards

5.2.1 Professional Membership

We are members of The Society of Will Writers and follow their Code of Practice.

5.2.2 Insurance Protection

We maintain appropriate professional indemnity insurance for your protection.

5.2.3 Specialist Referrals

We will identify when you require specialist advice from third parties (such as financial advisers, solicitors, or accountants) and provide appropriate referrals. We are not qualified or regulated to provide financial or legal advice beyond our scope of practice as Will writers.

5.3 Capacity Assessment

5.3.1 Standard Procedure

We will assess mental capacity as part of our standard procedure for all clients.

5.3.2 Capacity Requirements

We will not proceed if we are not satisfied you have the requisite capacity.

5.3.3 Medical Assessment

We may request medical assessments or GP reports if we have concerns about capacity.

6. Legacy Care Plans

6.1 Service Tiers

We offer three Legacy Care Plan tiers:

6.2 Plan Terms

6.2.1 Payment Schedule

Plans are charged monthly in advance via Direct Debit through Go Cardless or Stripe.

6.2.2 Minimum Term

The minimum initial term is 12 months. Thereafter, plans continue on a rolling monthly basis.

6.2.3 Cancellation

Plans can be cancelled with one month’s written notice after the initial 12-month period.

6.2.4 Early Cancellation

Early cancellation within the initial 12 months requires payment of the balance due to complete the 12-month period.

6.2.5 Price Reviews

Plan charges are subject to annual review with one month’s notice of any changes.

6.3 Amendments and Updates

6.3.1 Minor Changes

Minor changes include: name/address changes for executors, trustees, guardians, or beneficiaries; small gift amount adjustments; contact detail updates.

6.3.2 Major Changes

Major changes requiring a new Will include: new clauses, appointments, or gifts; changes to residuary estate; structural alterations to the Will.

6.3.3 Additional Updates

Updates beyond plan entitlements are available at a 10% discount to standard charges.

6.3.4 Regular Reviews

We will contact you annually (or more frequently for higher tier plans) to review your circumstances.

7. Safe Will Plans

7.1 Service Description

7.1.1 Secure Storage

Safe Will Plans provide secure fireproof storage for completed Wills and related documents.

7.1.2 Annual Pricing

Plans are charged annually in advance: £36 for individuals, £60 for couples.

7.1.3 Digital Access

Storage includes password-protected digital copies sent via email.

7.1.4 Review Services

We provide annual Will review reminders and free reviews by our team.

7.1.5 Service Discounts

All additional services are provided at a 10% discount to standard charges.

7.2 Storage Security

7.2.1 Physical Security

Documents are stored in fireproof, secure facilities with restricted access.

7.2.2 Insurance Coverage

We maintain comprehensive insurance coverage for stored documents.

7.2.3 Digital Security

Digital copies are stored on encrypted, backed-up systems.

7.2.4 Executor Access

Access procedures are in place for executors upon presentation of death certificate and appropriate identification.

8. Charges and Payment

8.1 Payment Methods

Payments are accepted via:

• Bank transfer
• Cheque
• Stripe (card payments)
• Go Cardless (Direct Debit for subscriptions)

8.2 Payment Terms

8.2.1 Invoice Timing

Invoices for one-time services are issued after initial consultation when draft documents are submitted.

8.2.2 Payment Before Completion

Payment must be received before final documents are provided for signature.

8.2.3 Subscription Billing

Subscription services are charged in advance via automatic payment.

8.2.4 Full Payment Required

All invoices must be paid in full without set-off, deduction, or counterclaim.

8.2.5 Late Payment

Late payment may incur charges and suspension of services.

8.3 Additional Charges

8.3.1 Signing Services

Attendance for document signing incurs additional charges as specified at consultation.

8.3.2 Travel Costs

Home visits requiring long-distance travel may incur additional travel charges.

8.3.3 Expedited Services

Expedited or emergency services may incur premium charges.

8.3.4 Additional Documents

Additional documents such as Letters of Wishes, Life Interest Trusts, or Discretionary Trusts incur separate charges.

8.4 Refunds

8.4.1 Service Failure Refunds

Refunds for one-time services are provided if we cannot complete the service due to our failure.

8.4.2 Subscription Refunds

Subscription refunds are pro-rated for unused periods in exceptional circumstances at our discretion.

8.4.3 No Refund Circumstances

No refunds are provided for services already delivered or for client-initiated cancellations of bespoke services.

9. Consumer Rights

9.1 Distance Selling Rights

9.1.1 14-Day Cancellation Period

For online and telephone services, you have the right to cancel within 14 days of accepting our services.

9.1.2 Bespoke Service Exception

Cancellation rights do not apply to bespoke services where work has commenced with your agreement.

9.1.3 Cancellation Notice

To exercise cancellation rights, you must provide clear written notice (as defined in clause 1.1).

9.2 Service Quality

9.2.1 Legal Standards

Services will be performed with reasonable care and skill as required by the Consumer Rights Act 2015.

9.2.2 Remedy Provision

If services are not performed with reasonable care and skill, we will remedy the issue at no additional cost.

9.2.3 Compensation

If remedy is not possible, appropriate compensation will be provided.

10. Data Protection and Privacy

10.1 Data Processing

10.1.1 Legal Compliance

We process personal data in accordance with UK GDPR and Data Protection Act 2018.

10.1.2 Processing Basis

Our legal basis for processing is contract performance and legitimate interests.

10.1.3 Special Category Data

We may process special category data relating to health where necessary for capacity assessment.

10.2 Data Use

10.2.1 Purpose Limitation

Personal data is used solely for providing Services, legal compliance, and maintaining our client relationship.

10.2.2 No Data Selling

We do not sell or share personal data with third parties except where necessary for service provision or legal compliance.

10.2.3 Professional Sharing

Data may be shared with our professional advisers, IT service providers, and other professionals involved in your matter.

10.3 Data Rights

10.3.1 Your Rights

You have rights to access, rectify, erase, restrict processing, data portability, and object to processing.

10.3.2 Retention Periods

Data retention periods vary by document type but generally align with professional body requirements and limitation periods.

10.3.3 Privacy Policy

Our full Privacy Policy is available on our Website and upon request.

11. Attestation and Witnessing

11.1 Signing Services

11.1.1 Professional Attendance

We can attend to supervise Will and LPA signing for additional charges.

11.1.2 Witness Services

We will act as independent witnesses and Certificate Providers where appropriate.

11.1.3 Mandatory Attendance

If personal attendance is essential for validity, we will inform you and attendance will be mandatory.

11.2 Client-Arranged Signing

11.2.1 Signing Guides

Documents can be sent to you with comprehensive signing guides.

11.2.2 Witness Arrangement

You must arrange for appropriate independent witnesses.

11.2.3 Liability Limitation

We will not accept liability for validity where we do not supervise signing.

11.2.4 Validity Review

We can review completed attestation for validity upon request.

12. Third Party Professionals

12.1 Professional Referrals

12.1.1 Specialist Referrals

We may refer you to financial advisers, accountants, or other specialists when required.

12.1.2 Third Party Liability

We do not accept liability for services provided by third parties.

12.1.3 No Commissions

We do not receive any commissions from referrals to third-party professionals.

12.2 Information Sharing

12.2.1 Formal Authority Required

Instructions to obtain information from third parties must be confirmed with a signed Letter of Authority and appropriate identification provided.

12.2.2 Letter Preparation

We will prepare appropriate Letters of Authority for your signature.

12.2.3 Consultation Discussions

We may discuss third-party information requests during consultations, but formal written authority is required before we can contact any third party on your behalf.

13. Limitation of Liability

13.1 Force Majeure

We shall not be liable for any failure to perform due to circumstances beyond our reasonable control, including but not limited to acts of God, pandemic, government action, strikes, or technical failures.

13.2 Liability Caps

13.2.1 Insurance Limitation

Our liability for any claim is limited to the amount of our professional indemnity insurance coverage.

13.2.2 Consequential Damages

We are not liable for indirect, consequential, or special damages.

13.2.3 Client Non-Compliance

We are not liable for losses arising from your failure to comply with these Terms and Conditions.

13.3 Time Limits

13.3.1 Claim Notification

Claims must be notified within 6 years of the breach occurring or becoming apparent.

13.3.2 Loss Mitigation

You must mitigate any losses that arise.

14. Termination

14.1 Termination Rights

14.1.1 Material Breach

Either party may terminate immediately for material breach of contract.

14.1.2 Instruction Failure

We may terminate if you fail to provide proper instructions within a reasonable timeframe.

14.1.3 Exceptional Circumstances

We may terminate in exceptional circumstances including illness, conflict of interest, or inappropriate client behaviour.

14.2 Effects of Termination

14.2.1 Payment Due

We will be paid for all services provided and expenses incurred to termination date.

14.2.2 Notice Provision

Reasonable notice will be provided where practicable.

14.2.3 Document Return

Any original documents belonging to you and any working papers specifically relating to your matter will be made available to you upon payment of all outstanding fees. This includes returning any documents you provided to us and providing copies of documents we have prepared for you.

15. Complaints Procedure

15.1 Internal Complaints

15.1.1 Timely Reporting

Complaints must be raised immediately upon the issue arising and confirmed in writing within seven days.

15.1.2 Resolution Process

We will seek to resolve complaints promptly and fairly in accordance with our Complaints Policy.

15.1.3 Policy Availability

Our Complaints Policy is available upon request and on our Website.

15.2 External Complaints

15.2.1 Society of Will Writers

Unresolved complaints may be referred to The Society of Will Writers at: Chancery House, Whisby Way, Lincoln LN6 3LQ

15.2.2 Internal Process First

You must first raise complaints with us before referring to The Society of Will Writers.

15.2.3 Legal Ombudsman

The Legal Ombudsman may also be available for certain complaints.

16. Intellectual Property

16.1 Our Rights

We retain intellectual property rights in our processes, templates, and methodologies.

16.2 Your Documents

Documents prepared for you become your property upon payment of all fees.

16.3 Case Studies

We may use anonymised case studies for training and marketing purposes.

17. General Provisions

17.1 Notices

17.1.1 Notice Methods

Notices must be in writing (as defined in clause 1.1) and sent by:

• First class post to our registered company address: 8 Sharp Close, Aylesbury, Buckinghamshire, HP21 8RR
• Hand delivery to our registered company address or business premises
• Email to our main business address with delivery confirmation

17.1.2 Receipt Timing

Notices are deemed received:

• Post: second Business Day after posting
• Hand delivery: when delivered during business hours
• Email: next Business Day after sending

17.2 Severability

If any provision is deemed unlawful or unenforceable, it shall be severed without affecting the validity of remaining provisions.

17.3 Waiver

No waiver of any breach constitutes a waiver of any other breach or ongoing obligations.

17.4 Assignment

You may not transfer your rights under these Terms and Conditions without our written consent.

17.5 Third Party Rights

No third party has rights under these Terms and Conditions unless expressly stated.

17.6 Governing Law

These Terms and Conditions are governed by English and Welsh law and subject to the exclusive jurisdiction of English and Welsh courts.

17.7 Entire Agreement

These Terms and Conditions constitute the entire agreement between the parties and supersede all prior agreements and understandings.