Terms of business

In these Terms and Conditions the following terms shall have the following meanings:

Unless the context otherwise requires, each reference in these Terms and Conditions to:

The headings used in these Terms and Conditions are for convenience only and shall have no effect upon their interpretation.

Words importing the singular number shall include the plural and vice versa.

References to any gender shall include the other gender.

On the initial appointment your detailed instructions will be taken and appropriate advice given on matters relating to Will writing services. Any queries or questions will be answered and a full explanation given on the contents and terminology used in the drafting of your Documents.

Comply with your instructions with reasonable skill, care and expedition appropriate to your needs.

Provide you with the best advice on matters relating to the Will writing services. 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.

Certain documents must be prepared and submitted by a regulated law firm on our behalf. This work is carried out by Acer Prime Law Limited, a firm authorised and regulated by the Solicitors Regulation Authority (SRA number 637478). We will share your personal information with them and pay their costs. We will not charge you extra.

Comply with the Client’s instructions using all due skill, care and expedition appropriate to the needs of the Client. Regarding the dispatch of documents, the Company must adhere to the following timescales unless otherwise agreed in writing with the Client at the time that the Client’s instructions are received. The following timescales take effect immediately upon the Client providing all the information required to complete the agreed instructions.

However, where circumstances occur, including those beyond the Company’s control, which result in the documents being delivered outside the above stated timescales, the Client must be informed and, upon their request, must be provided with a full written explanation for the cause of the delay and the opportunity to renegotiate or cancel the contract, with a full refund being provided should it be requested by the Client.

Maintain the strictest confidentiality and not pass on your details to any other organisation without your express written permission, unless legally required to do so, and comply with all legislation in force relating to data protection. For more information on how we hold your data, please see our privacy notice, which will be provided to you in addition to these terms of business.

Offer an attestation service that supervises the signing and witnessing of your Documents at your home. The Company will not take responsibility for ensuring the validity of your Documents where the attestation service has not been taken up and the execution supervised by an agent of the Company. The signing of your Documents must be carried out according to the law of England and Wales in order for your Documents to be valid. All Documents will be supplied to you with full written instructions on how these should be completed, and the Company will check the documents free of charge after they have been signed to ensure validity. It is your responsibility to send the documents to the Company after you have signed them if you would like them checked.

Refund any money paid in respect of the preparation of your Will or Wills should you change your mind within 14 days from the date of taking your instructions. After the expiration of this period 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. An itemised bill will be produced for any charge falling due under this term.

Where the Company offers a Will storage service, 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 which may necessitate a review of your Documents. Any Will should be reviewed every three years, and on the occasion of any material change in your circumstances, such as divorce, marriage, the birth of children, or the inheritance of a large sum of money.

Where the Company cannot legally or practically follow the instructions given by the Client, the Company must explain any differences between the Client’s instructions or expectations and the documents to be provided.

The Customer has the right to cancel the Contract within the Cancellation Period as determined by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

The Seller is Silvertime Legal Ltd, trading as Silvertime Legal.

For the purposes of this Cancellation Notice, the reference number to be quoted in all communications is as detailed on the Customer’s invoice or receipt.

The Customer has the right to cancel the Contract within 14 Calendar Days of receipt of this notice (the “Cancellation Period”).

The Customer may be required to pay for Services provided if provision of the Services has commenced with the Customer’s written agreement prior to the end of the Cancellation Period.

In the event that the Customer 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 the address provided in sub-Clause 4.7.1 below.

Cancellation Notices must be sent to the Seller at the following addresses:

Cancellation Notices shall be deemed served upon the Seller:

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.

If the Customer chooses to exercise the right to cancel in accordance with Clause 4 above, the provisions of this Clause 5 shall apply in determining any refund to which the Customer may be entitled.

The Customer must inform the Seller of their exercise of the right to cancel within the period required by Clause 4.

If the Customer changes their mind after the 14 day period has elapsed, the case will be stopped at the point we receive the cancellation, and we will charge on a pro rata basis for the work that has been carried out. For example, if draft documents have been sent by email or by post, we would charge 75% of the total fee, in recognition of the fact that the final documents and attestation meeting have not taken place, so the Customer would still be entitled to a partial refund.

If the provision of Services has commenced prior to the giving of notice by the Customer and the end of the Cancellation Period without the Customer’s written request, the Seller shall not be entitled to any monies constituting the value of such Services.

If the Customer requires their Documents urgently and requires that the Company commence work prior to the expiration of the Cancellation Period, the Customer can agree to waive their rights under the Regulations by signing a waiver agreement. This will mean that they will be required to pay for any work completed should they decide to exercise their right to cancel within the 14 days. This should be provided in writing.

If the Seller fails to perform the Services with care and skill, it shall carry out remedial action at no extra cost to the Customer.

The Seller shall not be liable to the Customer, or be deemed to be in breach of these Terms and Conditions, by reason of any delay in performing or any failure to perform any of the Seller’s obligations if the delay or failure was due to any cause beyond the Seller’s reasonable control, or where the Customer has failed to meet their obligations under Clause 7 below.

To disclose all relevant facts and answers to all the questions asked, to allow the Company to provide accurate advice and to produce an effective legal Document. The Company shall 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 Documents or the advice given.

To read through the draft Documents provided, 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 your Documents are correct, adding any missing data not supplied at the time of taking your instructions.

To return the Documents together with any amendments to the Company as soon as possible. If you fail to return the Documents to the Company within 14 Calendar Days, the Company shall accept no liability for the draft Documents. The Company shall not be responsible for any delay due to your failure to comply with the above.

To notify the Company if you do not receive your draft Documents within 20 Calendar Days of the first appointment, unless otherwise agreed.

To pay the fee due for the provision of Will writing services in full and in accordance with the terms of our invoice.

If you are having the attestation service, you should arrange for the witnesses to be present at the time of the execution of your Will.

The Company is committed to providing the Customer with a high quality service. An essential part of that service is that the Company will communicate effectively with the Customer so that they are kept informed of progress.

The Company maintains a full complaints procedure, to which any complaint should first of all be addressed. If the matter cannot be resolved to your satisfaction, you may refer it in writing to:

The Complaints Department
The Society of Will Writers
Chancery House, Whisby Way
Lincoln, LN6 3LQ

The Company complies with the Society’s Code of Practice, a copy of which is available on request. A customer satisfaction survey is available from your consultant on request, and online at willwriters.com/satisfactionsurvey.

Read our full complaints procedure.