Terms & Conditions

1. Introduction

These Terms and Conditions ("Terms") govern your use of the will writing and estate planning services provided by Simply Wills ("we", "our", or "us"). By engaging our services, you agree to be bound by these Terms.

Please read these Terms carefully before instructing us. If you have any questions, please contact us before proceeding.

2. Our Services

Simply Wills provides the following services:

• Will writing (single wills and mirror wills for couples)
• Lasting Power of Attorney (LPA) preparation
• Probate assistance and estate administration
• Will signing help and witness services
• Will review and update services

We are professional will writers and members of the Society of Will Writers. We are not solicitors and do not provide legal advice beyond the scope of will writing and estate planning.

3. Client Responsibilities

When engaging our services, you agree to:

• Provide accurate and complete information about your circumstances, assets, and wishes
• Inform us promptly of any changes to your circumstances that may affect your documents
• Review all draft documents carefully before signing
• Arrange appropriate witnesses for document signing (we can assist with this if needed)
• Keep your documents in a safe place and inform your executors of their location
• Pay our fees in accordance with the agreed terms

4. Fees and Payment

Our fees are clearly stated on our website and will be confirmed in writing before we begin work. Our standard fees include:

• Initial consultation (free of charge)
• Home visits available within Cornwall (£100 where travel exceeds 15 miles)
• Drafting of your documents
• One round of amendments following your review
• Attendance at signing appointment

Payment is due upon completion of signing. We accept bank transfer, cheque, or cash. For probate services, payment terms will be agreed individually based on the complexity of the estate.

Additional services (such as storage, additional amendments, or complex trust arrangements) may incur extra charges, which will be quoted in advance.

5. Cancellation

You may cancel your instruction at any time before signing your documents. If you cancel:

• Before consultation: No charge
• After consultation but before drafting: No charge
• After drafting has begun: A reasonable fee may be charged for work already completed

Under the Consumer Contracts Regulations, you have a 14-day cooling-off period from the date of instruction. However, if you request that we begin work immediately, you acknowledge that you may lose this right if the service is completed within the cooling-off period.

6. Document Validity

We take great care to ensure your documents are properly drafted and executed. However, for a will to be valid:

• You must be 18 years or older
• You must have mental capacity to make a will
• The will must be properly signed and witnessed
• The witnesses must not be beneficiaries (or spouses of beneficiaries)

We will explain these requirements and ensure proper execution, but we cannot be held responsible if you provide inaccurate information about your circumstances or capacity.

7. Lasting Powers of Attorney

For LPA services, please note:

• Our fee covers preparation of the LPA documents only
• Registration fees payable to the Office of the Public Guardian (currently £92 per LPA) are additional
• We will submit the registration application on your behalf if requested
• An LPA cannot be used until it has been registered with the OPG
• Registration typically takes 8-10 weeks

8. Document Handling

Upon completion, you will receive your original signed documents. We recommend storing them in a safe, fireproof location and informing your executors of their whereabouts. We can advise on suitable storage options.

9. Limitation of Liability

We maintain professional indemnity insurance to protect you in the unlikely event of an error in our service. Our liability is limited to:

• The value of our professional indemnity insurance coverage
• Direct losses arising from our negligence or breach of contract

We are not liable for:

• Losses arising from inaccurate or incomplete information provided by you
• Changes in law that affect the validity or effect of your documents
• Losses arising from your failure to update your documents when circumstances change
• Indirect or consequential losses

10. Confidentiality

All information you provide to us is treated as strictly confidential. We will not disclose your information to third parties except:

• With your explicit consent
• Where required by law or court order
• To regulatory bodies as required for compliance (e.g., Society of Will Writers)
• To the Office of the Public Guardian for LPA registration

Please see our Privacy Policy for full details of how we handle your personal information.

11. Complaints

We are committed to providing excellent service. If you are dissatisfied with any aspect of our service:

• Please contact us first to discuss your concerns
• We will acknowledge your complaint within 5 working days
• We will investigate and respond fully within 28 days
• If you remain dissatisfied, you may refer your complaint to the Society of Will Writers

12. Changes to Terms

We may update these Terms from time to time. Changes will be posted on our website. The Terms in effect at the time you instruct us will apply to your engagement.

13. Governing Law

These Terms are governed by English law. Any disputes will be subject to the exclusive jurisdiction of the courts of England and Wales.