TERMS & CONDITIONS FOR OUR WILL WRITING SERVICE

RESPONSIBILITY FOR YOUR WORK\YOUR RESPONSIBILITIES

As a firm, it is our intention to conduct client’s business promptly, efficiently and to the highest standards of professional skill and competence.

Our Wills & Probate team, will have responsibility for the day to day conduct of your matter and will be supervised by Stephen Browell, Director and head of Private Client who has overall responsibility for Probate Department.

At any time Stephen may be assisted by any member of the Private Client Department.

It is, of course, the firm’s policy to keep clients fully informed of progress, but should you require any additional information or explanation of how matters are proceeding, then please do not hesitate to speak to any of the Wills & Probate team, who will be able to assist you with your enquiries and/or accept messages from you, to arrange for one of the team to return your call if you should wish to discuss matters with them personally.

We do make every effort not to change the person dealing with your matter, however, on occasion this may be unavoidable. If this occurs, we will promptly inform you of who will be handling your case and why the change was necessary.

To enable us to conduct your matter expeditiously and to advise you fully, we would seek your assistance in the form of full and clear instructions, provision of all relevant documentation and timely replies to correspondence. Undertaking correspondence (letters and telephone calls) costs money, and your efforts to avoid unnecessary expense by responding promptly may prevent the need for amendments or alterations to the Will, thereby keeping costs down. Please do not forget to tell us if you change address or you go away for any period of time.

OUR FEES, CHARGES AND EXPENSES AND ESTIMATES

The costs in this matter will be in accordance with the Scale of Costs attached to this letter. Any amendment or alteration to your original instructions may also incur additional costs.

The scale of costs has been prepared on the assumption that you will meet with us in our offices, or at an alternative venue arranged by us.

The estimate will only cover the work you instructed us to undertake at the time it was calculated. A simple Will may not always be suitable. If we do not believe it would be suitable to your circumstances we will advise you of this. If, despite our advice to the contrary, you decide to proceed with a basic Will, we may require you to sign a disclaimer acknowledging our advice.

CERTAINTY NATIONAL WILL REGISTER

As a member of the Certainty National Will Register we will automatically register your Will with the Certainty National Will Register once your Will has been Executed. The Register will simply record that we store your Will. Details of the contents of your Will are not disclosed to anyone and are not provided to the National Will Register.  Following your death, the register gives us details about anyone who is looking for your Will. If the query comes from the correct person we answer it, but if not, we ignore it; protecting the privacy of both you and your beneficiaries.

If you do not wish for your Will to be registered with the Certainty National Will Register please inform us when returning your client care schedule by signing and returning the enclosed Certainty form. Please only return the enclosed form regarding the Certainty National Will register if you do not wish for your Will to be registered.

PAYMENTS MADE ON YOUR BEHALF

We call these ‘Disbursements’. They are payments made by us on your behalf. These will be charged for in addition to our own costs. You will have to repay us for any expenses or payments we make on your behalf. We have no obligation to make the payments unless you provide the funds. Disbursements will be shown separately in our Bills to you. We will not normally check with you prior to incurring routine disbursements, however, we will consult with you before incurring expenses of an exceptional or non routine nature.

VAT

Our professional charges will be shown in the Bill as a figure net of VAT. VAT will be shown as a separate item within the Bill. Some Disbursements will also attract VAT.

ARRANGEMENTS FOR PAYING OUR FEES

A Bill for work to date and any disbursements incurred will be prepared and submitted to you for payment upon completion of the Draft Will.

  • Where the matter will be completed in a short time we will send our account for payment upon completion of the Draft Will document
  • Should we hold money in hand for you, then we may deduct any sums due to us from the money we hold on your behalf
  • We may ask you to make payments on account
  • Where a matter may take longer to conclude, we will ask for payments on account. This could be in the form of accounts being submitted to you from time to time, at regular intervals, or by way of regular payments on account

The above methods will assist you to budget for our costs. If payment is not made, then we reserve the right to decline to act any further. Accounts are due for payment within 7 days of being submitted. Interest may be charged on invoices that are not paid within that time at 4% above the Bank of England’s base rate, calculated on a daily basis from date of the invoice up to date of payment. If you have a query regarding any Bill delivered to you, please contact your conducting fee-earner straight away.

OTHER PARTIES PAYING OUR CHARGES AND EXPENSES

It may be the case that some other person or organisation agrees, or is ordered, to pay your costs. Despite that, you will remain personally responsible for paying our costs and expenses as they fall due.

INTEREST POLICY

Our ‘interest policy’ in terms of client money held on account can be found on our website at https://browells2.urdev.co.uk/index.php/about-us/interest-policy

INCOMPLETED MATTER

If the documentation you have instructed us to prepare is not completed due to a change in your instructions or for any other reason, we will make a charge for the work which we have already completed. We will calculate the costs and expenses due on the time actually spent upon the matter. Depending upon the amount of work done, our costs may be in proportion with the estimate previously given, or may equal it.

STORAGE OF FILES AND DOCUMENTS

Upon completion of the work, we are entitled to keep all of your papers and documents until all of our costs and expenses have been paid. The Law Society requires us to store client files for different periods of time depending upon the nature of the work. We will tell you more about this at the conclusion of the matter. We store files on the understanding that we have authority to destroy the file at the end of that period, save for any documents you request us to store in safe custody such as Deeds and Wills.

LIABILITY

Our liability and that of our employees and Agents, whether arising in contract, negligence or otherwise, in any matter will be limited to £10,000,000 for any claim or series of claims arising out of the same circumstances.

COMPLAINTS

Details of our complaints procedure and our obligations in accordance with the solicitors code of conduct “Provision of Services Regulations 2009” can be found on our web site www.browells2.urdev.co.uk Copies are available on request from any of our offices.

KEEPING IN TOUCH

Although the Firm provides advice from many offices, a central postal system is in use. The central office details are as shown on this letter. All postal communication with the Firm should be to this central address. All correspondence from the Firm will bear the central office details. Please feel free, however, to hand deliver items to the office at which your appointments take place, if that is more convenient for you.

All post received by the Firm will be electronically scanned and stored to your file. That will ensure that your file is accessible to those of us who need to work upon the file, wherever we may be based from time to time. I am sure you will appreciate the benefits to you of such a facility.

The Firm operates a central telephone exchange, covering all of the Firm’s offices, which deals with all calls in to the Firm. This enables all of our Receptionists to be available to take calls as well as facilitating direct access to the Lawyer dealing with your case and their Secretary where appropriate. Lines are open from 9am – 5pm Monday – Friday, excluding Public Holidays.

ELECTRONIC CASE MANAGEMENT

As a firm we are committed to looking after our environment and wherever possible documentation and correspondence on your matter will be electronically stored as opposed to keeping a ‘paper file’.

Should you request a paper copy of any documentation or correspondence relating to your matter then we reserve the right to additionally charge you. This amount will be confirmed to you and will need to be paid on account prior to ourselves incurring the cost of such a request.

Should you request a further copy of any documentation or correspondence by electronic method, which has already been sent to you, then we reserve the right to additionally charge you.

We would advise you to consider keeping your own record of correspondence and documentation that you may receive from us whether it be by email or otherwise to avoid incurring any additional costs.

NOTICE OF THE RIGHT TO CANCEL

We have attached a schedule entitled “Notice of the Right to Cancel” which is compliant with The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. This provides for a 14 day “cooling off” period to enable you to cancel our contract if you wish. We shall, of course, begin working on your case as soon as we can. If you do not wish for us to work on your file during this period, please contact us.

CHARGING SCALE

SIMPLE WILL

One simple Will £225 plus VAT

Two simple mirror-image Wills £325 plus VAT

A “simple Will” for a single person would be, for example, distribution to a small number of beneficiaries in equal shares. Two “simple basic mirror-image Wills” would be distribution to the surviving partner or spouse with children or grandchildren taking in substitution in equal shares.

N.B. Mirror-image Wills are not usually “simple” if children from more than one relationship are to be included as beneficiaries.

Because each client’s needs and wishes differ, we offer a more complex Will-drafting service depending upon the individual’s requirements with additional costs added to the simple basic Will cost above as detailed below:

HOUSE TRUST WILLS

Many clients use our House Trust to ensure that their share of a jointly owned property is preserved for their own chosen beneficiaries, or as a means of protecting the value of their share from the requirement to use it as capital for the payment of Care Home fees for their surviving spouse or partner

House Trust clause for one Will £175 plus VAT

House Trust clause for two mirror-image Wills £275 plus VAT

IPFDA STATEMENT

You may wish to include a statement explaining why you have excluded someone from your Will to be stored alongside your Will, which may be used should your Will be challenged.

IPFDA Statement £50 plus VAT

FOR EXAMPLE:

Simple Mirror Will with House Trust

£325.00

+ £275.00

£600.00 + VAT

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