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.

1. Definitions:

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.

2. Procedures:

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 

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 14 days from the date of the Company receiving payment. 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 14 working days of the Company receiving payment
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 the Company 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 to enable 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 two weeks 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 pay the Will Writing fee in full prior to any work being undertaken by the Company. 

d) 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. It is essential that these instructions are strictly adhered to as it is your responsibility to ensure that your documents are correctly signed and witnessed. 

b) After attending to the attestation of your Will we ask that you return any required documents to us within one month of the date of the signature, so we can check the documents have been signed correctly. This may be by post of scan and email. Failure to return the documents (or copies) to us to check them for you, and there are any errors in the signing of the document then the document may be invalid, and we will not accept any liability for the error. 

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 proceeding with our services 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. Acceptance of Contract:

By proceeding with our services, you are accepting these Terms and Conditions and are entering into a legally binding contract. 

9. 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.

10. Cancellation:

By proceeding with our services, 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 Company is Chambers LPAs Limited and/or Hamilton Wills Limited. 

c) The Client has the right to cancel the Contract within 14 Calendar Days of confirming they wish to proceed with our services (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 Company as follows: 

    • by post or delivered by hand to: Hamilton Legacy, 10 Moor Chambers, 26 Front Street, Framwellgate Moor, Durham DH1 5EJ, or
    • by email to: office@hamiltonlegacy.co.uk.

    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. 

    10. Declaration:

    This contract is subject to the Proceeds of Crime Act 2002, the Terrorism Act 2000, the Money Laundering Regulations 2017 and any amendments to these acts. This contract will be governed by English Law and will be subject to the exclusive jurisdiction of the English Courts.