TERMS OF BUSINESS
The following standard terms of business apply to all instructions accepted by the Company. All work carried out in the provision of services offered by the Company is subject to these terms, except where changes are expressly agreed in writing. These terms of business form the basis of the contract between the Company and the Client.
a) The Term ‘The Client’ shall mean you.
b) The Term ‘The Company’ shall mean Hamilton Legacy, Hamilton Wills Limited or Chambers LPAs Limited.
c) For the purposes herein, ‘Will’ shall include any other document such as Lasting Powers of Attorney (LPAs) that is prepared in accordance with your instructions.
At the initial appointment your detailed instructions will be taken and appropriate advice given on matters relating to our services. Any queries or questions will be answered and, where appropriate, an explanation will be given on the contents and terminology used in the drafting of your documents. The Company informs about facts and it can give information but it is your decision as to what is included in your Will or other documents.
3. The Company undertakes to:
a) Provide you with the best advice on matters relating to the preparation of your Will. In some cases this may mean advice to draw up 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. However, in some circumstances you may be asked to sign a declaration stating that you are acting against the advice given.
b) Prepare your Will in accordance with the law prevailing at the date instructions were given. However, legislation can change and the Company is not responsible for any change in legislation after your Will has been produced and is under no obligation to advise you of future changes in the law.
c) Refund any money paid in respect of preparation of your Will should you change your mind within 7 days from the date of taking your instructions. However, 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.
d) Provided initial instructions are complete:
despatch draft Will by email within 7 working days of taking your initial instructions;
despatch executable documents by post within 7 working days of drafts being approved;
However, where circumstances occur which are outside the control of the Company that result in a delay beyond these periods, you will be notified and a full explanation will be given. In any event it undertakes to draft and despatch the Will to you as soon as possible.
e) Keep confidential all information passed to it and not to disclose any information to a third party except as authorised by you or as required by law. The Company is registered under the Data Protection Act 1998 and complies with this legislation.
f) The Company does 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/or may necessitate a review of your Will. Any Will should be reviewed every three years and on the occasion of any material change in circumstances, such as divorce, marriage, the birth of children or the inheritance of a large sum of money etc.
4. Your Obligations are:
a) To disclose all relevant facts and answers to all questions in order for the Company to provide accurate advice and to produce an effective legal document. The Company will not accept liability in respect of information which was not disclosed, and therefore not documented by the person taking your instructions, and which comes to light at a later date as being of relevance and which may affect the validity or content of your Will or advice given.
b) To check through the Will and other documents provided to ascertain that the Will correctly reflects your wishes as to the distribution of your estate and that the names and addresses of the persons mentioned in your Will are correct. If you delay or fail to confirm the acceptability of your Will or if you do not notify the Company of any required amendments within one month of receipt of the drafts, the Company accepts no liability arising from your failure to act and reserves the right to levy further charges for the production of your documents.
c) To notify the Company if you do not receive your Will within 20 working days of the instructions being finalised and payment made, unless otherwise agreed.
d) To pay the Will Writing fee in full on the date of first appointment unless alternative arrangements are agreed in which case fees will be payable 14 days after delivery of an invoice. Fees for other services may, by agreement, be paid on completion. A receipted invoice will be supplied with your completed Will.
e) To review your Will regularly and in particular on the occasion of any material change in your circumstances, for example divorce, marriage, the birth of children, or change in your financial circumstances.
5. Signature of Will
a) If you are attending to the attestation of your Will, you will be sent detailed instructions on how to have your Will signed and it is essential that these be strictly adhered to.
b) The Company can take no responsibility for ensuring the validity of any Will unless the execution has been supervised by us in the presence of suitable witnesses. If you are not using the Attestation service (see clause 5c below), it is your responsibility to ensure that your documents are correctly signed and witnessed and to return them to The Company for checking. The original Wills may be returned to us by post or, alternatively, a scanned or photographed image of the back page may be emailed to us.
c) The Company operates an Attestation Service which may incur an additional charge. Please advise us at the appointment if you wish to take advantage of this. Should you not take advantage of this service, we recommend you return your Will to us after execution for verification that it appears to have been signed and witnessed properly, as per clause 5b above. The Company can take no responsibility for the correct execution of the Will unless it was supervised by the Company or the original or a scanned copy has been checked by the Company.
6. Client Care:
a) The Company is committed to providing you with a high-quality service. An essential part of that service is that we communicate effectively with you and that you are informed of progress.
b) The Company operates a full Customer Care Service and maintains a full complaints procedure. Any complaint should first be addressed to the Company. If the matter is unable to be resolved to your satisfaction, you may refer it in writing to the Chairman of the TAS Network Ltd., registered office: Shaw House, 12 Church Lane, Welford, Northants. NN6 6HB.
c) All business undertaken by the Company is externally audited, and therefore, by signing these Terms of Business you agree to your personal details being shared with such external auditors solely for the purposes of such audit. Any external auditor shall be fully compliant themselves with all current Data Protection legislation.
7. Data Protection
The written information contained in the instruction form will be passed to The Company. The information may be held on a computer and/or paper files to facilitate the preparation of your documents. Thereafter, such records will be held safely and securely. The Company may contact you from time to time by post, email or telephone to bring to your attention any products and services which may be of benefit. The Company may also contact Witnesses to thank them for their support in witnessing the signing and may contact Executors / Trustees / Attorneys / Appointed Guardians to advise them of their responsibility (but without disclosing content). This is stipulated as it is important for Executors / Trustees / Attorneys / Appointed Guardians to understand their continued involvement in your affairs and to have information about their duties.
8. Termination of Contract:
The contract between us shall be deemed to have been fulfilled when the Will has been sent to you for execution save in respect of any outstanding fees due to the Company. The Company has no further obligation other than any ongoing agreement to store the Will where the client has paid for this service. However, if at any time after three months of taking your instructions the Company is unable to prepare your Will on account of it waiting for approval of any draft Will submitted or failure by you to provide the Company with information requested, then the Company shall be entitled upon giving you written notice to terminate this contract whereupon all obligations on the part of the Company shall cease. In that event you will not be entitled to any refund of fees paid.
By signing and returning this document you are entering into a binding contract.
a) The Client has the right to cancel the Contract within the Cancellation Period as determined by The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
b) The Seller is Chambers LPAs Limited and/or Hamilton Wills Limited.
c) The Client has the right to cancel the Contract within 14 Calendar Days of receipt of this notice (the “Cancellation Period”).
d) The Client may be required to pay for Services provided if provision of the Services has commenced with the Client’s written agreement prior to the end of the Cancellation Period.
e) In the event that the Client 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 in full and returned to the Seller at either of the addresses provided in sub-Clause 9f below.
f) Cancellation Notices must be sent to the Seller at the following addresses:
A Cancellation Notice sent by post or delivered by hand must be sent to: Hamilton Legacy, 10 Moor Chambers, 26 Front Street, Framwellgate Moor, Durham DH1 5EJ, or
A Cancellation Notice sent by email must be sent to: firstname.lastname@example.org.
g) Cancellation Notices shall be deemed served upon the Seller:
In the case of a Cancellation Notice sent by post, at the time of posting; and
In the case of a Cancellation Notice sent electronically, on the day it is sent.
h) 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.
I/We understand that the terms of the contract are subject to the Proceeds of Crime Act 2002, the Terrorism Act 2000, the Money Laundering Regulations 2017 and any amendments to these acts. The contract will be governed by English Law and will be subject to the exclusive jurisdiction of the English Courts.
I/We accept the above terms of business and agree to abide by them and to be bound by them. We acknowledge that we have received a copy of this agreement and the cancellation notice.