Redstone Wills – Terms of Business

1 Interpretation

1.1 "We" and "Us" and "Our" mean Redstone Wills Limited or our agent or any third party instructed by Us to act on our behalf in the provision of the Will Writing Service.
1.2 "You" and "Client" mean the person who contracts with Us for the provision of a Will, Lasting Power of Attorney and/or associated ancillary documents.

2 Our Service

2.1 We provide a service for the provision of Wills, Lasting Power of Attorney and associated ancillary documents.
2.2 Instructions relating to our services are accepted by post, email and phone between the Client and Us or such similar format as We may agree, although We may ask for matters of clarification to be confirmed in writing.
2.3 We will send all Wills and associated ancillary documents to the address provided by You.
2.4 We will attempt to contact You 5 times throughout a 6 month period if You have not returned your instruction form. If You do not return your instruction form we cannot produce your Will, Lasting Power of Attorney or associated ancillary documents. If You do not return your instruction form to Us within 6 months we will send you a self-preparation kit at the cost of the original service requested:
2.6 If You are referred to Us by Conveyancing Direct limited we will attempt to contact You 4 times over a 3 month period if you have not returned your instruction form. If You do not return your information form to Us within 3 months we will send you a self-preparation kit at the cost of the original service requested.

3 Choice of Law

3.1 We provide Wills, Lasting Power of Attorney and associated ancillary documents only in accordance with the law in England & Wales. The formalities for Wills, Lasting Power of Attorney and associated ancillary documents that are to be signed come under English & Welsh law.
3.2 These Standard Terms and Conditions are governed by and will be construed in accordance with English and Welsh law.
3.3 We provide Scottish Wills, Lasting Power of Attorney and associated ancillary documents through our approved Scottish partner in accordance with Scottish law.
3.4 If you hold assets outside of the above jurisdictions then We recommend You seek expert advice for the jurisdiction where your assets are held.

4 Limitations of service

4.1 Redstone Wills Will Writing Service will only provide advice based on the information provided in the instruction form.

Advice will not be provided as to:
4.1.1 how your property should be disposed of
4.1.2 any assets or liabilities you have not declared in the instruction form
4.1.3 any person you have not declared in the instruction form
4.1.4 any ancillary documents
4.2 If your estate is above the Inheritance Tax threshold we recommend you contact an Independent Financial Advisor.

5 Limitation of Liability

5.1 We agree to provide Wills, Lasting Power of Attorney and/or associated ancillary documents only and to do so does not contain any duty for Us to supervise the execution of any Will or associated ancillary documents nor to take responsibility for the Will, Lasting Power of Attorney and associated ancillary documents being correctly executed. However, if required We will review your Will once executed to ensure the Will has been correctly executed.
5.2 We have no responsibility for verifying any of the information provided by You in your instructions. We prepare Wills, Lasting Power of Attorney and/or associated ancillary documents relying on You having correctly stated all information in your instructions.
5.3 We shall prepare your Will, Lasting Power of Attorney and/or associated ancillary documents on the basis of the information provided by You. You must read the Will, Lasting Power of Attorney and/or associated ancillary documents provided to You in order to confirm that they correctly reflect your instructions. Any changes required should be notified to Us immediately and revised documentation will be prepared and dispatched to You.
5.4 When preparing Wills, Lasting Power of Attorney and/or associated ancillary documents We have no responsibility for verifying:

• your testamentary and/or mental capacity
• whether you are or were subject to any undue influence when instructing Us
• whether you knew, understood and approved the content
• whether there were or might be any actual or potential third party beneficiary(ies) who might have a claim in law against your estate

5.5 We do not assume any liability for failing to provide later advice on the terms of any Will, Lasting Power of Attorney and/or associated ancillary documents we prepare for You should future taxation changes or any changes in law render their terms inappropriate. The responsibility for future reviews of the terms of any Will, Lasting Power of Attorney and/or associated ancillary documents rests with You.

5.6 We limit Our liability to You in accordance with the clause 10.2 liability limits.

5.7 We have no responsibility for providing advice in relation to taxation matters including inheritance tax.

6 Our fees

6.1 The charges for the provision of Will, Lasting Power of Attorney and/or associated ancillary documents will be notified to You. Our full price list is available on request.
6.2 All prices are inclusive of VAT.
6.3 Fees are payable to Us, when the instructions are taken.
6.4 Our fees includes one engrossment of your Will, Lasting Power of Attorney and/or associated ancillary documents. If You change your instructions to Us after an engrossment has been prepared then We reserve the right to levy a further fee which will be notified to You and is payable before a fresh engrossment is dispatched to You.
6.5 If you have instructed Us in relation to a severance of tenancy or first registration as tenants in common the fee charged is in relation to advice and preparation of documentation only.
6.6 We act as an introducer to Skipton Building Society. If we provide your personal details with your consent to Skipton Building Society in relation to the provision of Restricted financial advice and you act on their advice recommendation, 25% of the initial advice charge will be paid to Us.

7 Premature Conclusion

7.1 In the event that You decide not to sign a Will, Lasting Power of Attorney and/or associated ancillary documents that We have provided, any charge made for its provision will not be refunded.
7.2 You may decide to conclude matters and not to proceed with the preparation of your Will, Lasting Power of Attorney and/or associated ancillary documents at any time prior to the preparation of the Will, Lasting Power of Attorney and/or associated ancillary documents. If You inform Us of your decision at any time prior to the preparation of the Will, Lasting Power of Attorney and/or associated ancillary documents We will refund any fee paid less a £30 including VAT administration charge. Ancillary documents include but is not limited to a Do It Yourself Will kit and Do It Yourself Lasting Power of Attorney kit.
7.3 Where the proposed terms of a Will are of a complexity that makes our service inappropriate We will notify You of this and return any fees paid.
7.4 We reserve the right, at our complete discretion, to decline to provide any Will. Lasting Power of Attorney and/or associated ancillary documents. Where We do so decline, We will refund any fees paid when We notify You of our decision.

8 Complaints

8.1 We are committed to providing You with excellent service but in the event that You are dissatisfied regarding any aspect of our service You should write to the Office Manager at Redstone Wills, Windmill Road, St Leonards on Sea, East Sussex TN38 9BY.
8.2 Our alternative dispute resolution ("ADR") entity is the Society of Will Writers, Chancery House, Whisby Way, Lincoln, LN6 3LQ.
8.3 When making a complaint you will receive a copy of our Customer Complaints Leaflet detailing our complaints process. A copy is also available on request.

9 General Data Protection Regulation (UK GDPR)

9.1 We will issue you a UK GDPR Transparency Notice when engaging with "Us" which provides information in relation to how we use your data and your statutory rights.
9.2 A further copy of our Transparency Notice can be provided on request. 9.3 All of our calls are recorded for training and monitoring purposes.
9.3 All of our calls are recorded for training and monitoring purposes.

10 Professional Indemnity Insurance and Liability Limits

10.1 We have the benefit of professional indemnity insurance in respect services provided in England and Wales.

10.2 Our aggregate liability to You is and shall be limited to the amount of £2million arising from Our services to You at any time in respect of all or any actions and/or inactions whether in contract. Tort or otherwise and howsoever arising.

11 Right to cancel

11.1 If we have not met with you or if this agreement was entered into at or following a meeting with us, or someone acting on our behalf, other than at our business premises, or following an offer which you made at a meeting with us in a place other than our business premises, or during an excursion organised by us with the aim of promoting our services, or if this agreement is concluded on our business premises or through any means of distance communication (for example, email, letters and telephone calls) immediately after meeting with you other than at our business premises, then the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 will apply. This means you have the right to cancel this agreement within fourteen days, starting from the day after you receive the Notice of Right to Cancel. The right to cancel will only apply if you are a consumer, which means an individual acting for purposes which are wholly, or mainly, outside your trade, business, craft or profession. If you would like us to commence work on your file within the next fourteen days, please let us know in writing. Please note if you instruct us to commence the work within the next 14 days:

• If you exercise your right to cancel you will still be required to pay a proportion of our charges commensurate with the work undertaken up to the point you exercise you right; or
• If we complete the work, any rights to cancel immediately cease to apply.

12 Customer Satisfaction

12.1 Redstone Wills is a member of the Society of Will Writers and as such adheres to their code of practice.
12.2 If you would like to leave feedback in relation to the service provided you can do so using the Society of Will Writers Customer Satisfaction Survey http://www.willwriters.com/customer-satisfaction-survey/