Terms of Business

DEFINITIONS

‘Company’, shall mean Blythe Wills Limited
‘Client’ shall mean you; ‘you’ and ‘your’ shall mean ‘the Client’;
‘IPW’ means the ‘Institute of Professional Willwriters’ the professional body of which this company is a member and operates and complies with its Code of Practice.
‘Will’ or ‘Will(s)’ shall include any other document or documents provided by us that are prepared in accordance with your instructions.

PROCEDURES
1. Making your Will normally requires two appointments, firstly taking your detailed instructions and giving appropriate advice on matters relating to the preparation of them and secondly supervising the signing of them by you when they are ready. Any queries or questions will be answered and a full explanation given on the contents and terminology used in them.

COMPANY UNDERTAKINGS
2.1 To provide you with the best advice on matters relating to the preparation of your Will(s). In some cases this may mean advice to draw up other documents, or take other action, which may incur further fees and may involve work to be carried out by outside parties. In such cases full details of such charges will be given to you in advance. You are under no obligation to proceed with any ancillary services offered but in some circumstances you may be asked to sign a declaration stating that you are acting against the advice given.
2.2 To hold and maintain Professional Indemnity Insurance cover of £2,000,000 and Public Liability Insurance cover of £5,000,000.
2.3 To retain its client files for a period of not less than six years after a client's death or for a period of 6 years after you have notified us in writing that your document(s) have been revoked whichever event occurs first.
2.4 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 and procedures.
2.5 To comply with the IPW Code of Practice, copies of which may be obtained free of charge from the Company or through the offices of IPW upon request, in written or audio form. Any instance of non-compliance of the Code by the Company should immediately be brought to the attention of the IPW. We would be grateful if you would spend a few moments completing an online questionnaire at www.ipw.org.uk/feedback. Alternatively, a paper version of the questionnaire can be obtained from the Company or the IPW at the address below.
2.6 To provide a customer service telephone support line which shall be at standard BT rates and not a premium rate line to offer telephone support and advice on any matter relating to their transaction for a minimum period of 20 working days after the production and despatch of the documents.

FEES AND PAYMENT
2.7 Before we proceed with your instructions we will confirm that the fee quoted on our fee list provided is fixed and guaranteed and valid for 30 days. We think it is important you know exactly what you are paying for and why.
2.8 Payments will be required in full on completion of documents to your satisfaction.
2.9 Where part of the fee is for services provided by an external solicitor or other external party you will receive a separate Terms of Business agreement from them and a separate VAT receipt for any payment made to them.

TIMESCALES
2.10 To dispatch your draft Will(s) and other legal documents within 7 working days of taking your complete instructions. This will be by first class post.
2.11 To produce and have available the final copies of your documents for signing within 7 working days of the draft documents been approved.
2.12 You will be provided with a draft copy of your Will(s) prior to signing your final copy. Any spelling error or other drafting error on our part brought to our attention by you will be rectified free of charge prior to the despatch of your final documents. If we do not correct any error on our part within 10 working days of written notification from you then you may get the correction done elsewhere and any reasonable costs will be reimbursed by us. If we fail to meet these timescales you will be entitled to cancel the contract in writing and obtain a full refund, or at your own discretion renegotiate with us. The company does not accept liability for any consequences arising from any delay on your part.
Where circumstances arise that are outside of the Company’s control which result in a delay beyond this period, you will be given a full explanation and the documents produced as soon as is possible. We cannot confirm set time periods for work that is outside of our control where we have to rely on an external body or government organisation to provide us with necessary information. This may or may not include work carried out by an external solicitor or other external party.

DISCLOSURE OF INFORMATION AND CONFIDENTIALITY
2.12 To maintain the strictest confidentiality and not to pass on your name or details to any other organisation without your express permission. The Company is registered under the Data Protection Act 1998 and therefore all information disclosed to us will remain totally confidential and secure.
2.13 We may need to provide important information and guidance to parties named in your Will and/or the offer of our services but before we do you must give us your written permission to do so.

REFUND POLICY
3.1 The Company undertakes to refund any money paid in respect of the preparation of your Will(s) should you change your mind within seven working days from the date of taking your initial instructions. Cancellation must be in writing to the address below and will be acknowledged within 10 working days.
3.2 Should you change your mind after the seven working day cancellation period (but prior to the production of your final documents) the Company reserves the right to charge you up to 50% of the total fee for the advice given and for any work already carried out on your behalf and in accordance with your signed instructions.
3.3 Where notice to cancellation is posted, it is recommended that it is sent be Recorded Delivery.
3.4 There will be no refund of the fee paid under any circumstances once your final documents have been prepared, irrespective of whether you decide to sign them or not.

EXPRESS SERVICE
4. You may require your documents urgently and instruct us to commence drafting prior to the expiration of your cancellation period. In these circumstances your seven day cancellation rights end immediately we commence any drafting work.

ATTESTATION SERVICE
5.1 The Company offers one free Attestation Service at your home, by appointment. If we attend this appointment but cannot complete the documentation because witnesses are not present (or other reason beyond our control) then a charge will be made for any further Attestation Service at your home.
5.2 If you require a further visit, this will be charged as described in the fee list provided.
5.2 The Company will not accept responsibility for any loss caused arising out of failure to ensure the validity of your Will(s) where the Attestation Service has failed by reason not attributable to us and the execution not supervised by an agent of the Company. The signing of your Will(s) (the execution) must be carried out according to the law of England and Wales in order for your Will(s) to be valid. You are invited to utilise the Company’s Attestation Service, or return your Will(s) to the Company for checking after execution. However the Company will be unable to ensure that the correct procedure has been followed unless you use the Attestation Service.

RIGHT NOT TO ACT
6. The Company reserves the right to refuse to process some or all of the legal documentation for you at its absolute discretion. If we do decline to act or decline to prepare a specific document then we will say so in writing. The Company will make a full and prompt refund to you in these circumstances.

YOUR OBLIGATIONS ARE
7.1 In order for the Company to provide accurate advice and to produce an effective legal document you are required to disclose all relevant facts and answers to all questions asked. The Company shall not accept any liability in respect of information which was not disclosed, and therefore not documented by the person taking your instructions which comes to light at a later date as being of relevance and which may effect the validity or content of your Will(s), or advice given
7.2 To read through the draft Will(s), and other draft documents provided to you, 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 them are correct, adding any missing data not supplied at the time of taking your instructions.
7.3 It is your responsibility to contact the Company on receipt of the draft documents and inform the Company of any amendments within five working days of receipt. If you fail to contact the Company, the Company shall accept no liability for any error or omission on them.
7.4 If you are using the Attestation Service at home, you should arrange for the Witnesses to be present at the time of the appointment for the execution of your document(s).

CLIENT CARE/COMPLAINTS PROCEDURE
8.1 If you are not happy with any aspect of service provided by the Company, you should first of all
contact The Director, Amanda O’Leary whose telephone number is 01789 269896.
8.2 If you wish to make a complaint about any aspect of service provided by the Company, you must, in the first instance write to our The Director, Amanda O’Leary at the address below. She will acknowledge your letter within 7 days of receipt and then investigate the circumstances of your complaint and write to you with the results of his investigation within a further 21 days.
8.3 If a complaint is not resolved to your satisfaction you may refer it, in writing, to The Institute of Professional Willwriters at the address below who will instigate a Conciliation Process to help you and the Company to reach a mutually satisfactory agreement.
8.4 If you are not satisfied with the Company’s decision or the decision of the IPW, or if you choose not to refer your complaint to the IPW, then you may take your complaint to the Estate Planning Arbitration Scheme (EPAS). This is an independent arbitration service provided by IDRS Limited (the Administrator) a wholly owned subsidiary of the Chartered Institute of Arbitrators 12 Bloomsbury Square London WC1A 2LP. Full information and a free booklet may be obtained by contacting the IPW below.
8.5 You may seek other forms of redress instead of or as well as those provided under this Code.

FORCE MAJEURE
9. The Company shall not have any liability whatsoever or be deemed to be in default for any delays or failure in performance under these Terms of Business resulting from acts beyond its control, including but not limited to acts of God, acts or regulations of any government or supranational authority, war or national emergency, terrorist activities, accident or fire.

LEGAL NOTICE
10. Any provision of this Terms of Business which is declared void or unenforceable by any competent authority or court shall to the extent of such invalidity or unenforceability be deemed severable and the other provisions of the Terms of Business shall continue unaffected.

DECLARATION
11. I/We confirm that I/we have received and confirm that I/we understand and accept the Company’s terms of business and agree to them.
Please do not sign this form unless you agree to all the terms contained in it.
Please tick  as appropriate
• I/we give consent for my/our details to be passed to the IPW to enable them to monitor compliance with their Code of Practice and to test levels of client satisfaction.
• I/we give consent for my/our details to be passed any third party who in the opinion of the Company offer complimentary services that may be of benefit to me/us.
• I/we consent to the Company to provide important information and guidance to parties
named in my Will and/or the offer of its services.
Name: Name:
Signature: Signature:

Date:
Blythe Wills Limited                       Institute of Professional WillWriters
The Birches                                    Trinity Point
63 Aston Cantlow Road               New Road
Wilmcote                                         Halesowen
Stratford-upon-Avon                      B63 3HY
CV37 9XN                                       Tel: 08456 442042
Tel: 01789 269896                        Website: www.ipw.org.uk

Blythe Wills Limited, Registered in England Registration Number 6499603