TERMS OF BUSINESS FOR THY WILL BE DONE (Spain) Ltd
UK REGISTRATION NUMBER 10791190
V.A.T REGISTRATION NUMBER GB271595187
Our Will, Trust and Power of Attorney templates have been developed by STEP regulated professionals at Countrywide Tax and Trust Corporation under whom we also carry £2 million Professional Indemnity insurance. Your individual document is sense-checked by a member of our trained paralegal/admin team. You should be aware that members of our paralegal/admin team will not themselves be regulated solicitors and they can only give generic not specific legal advice for your situation and as such no solicitor-client relationship exists between you and them.
We are unregulated and all reserved aspects of conveyancing together with certain probate services have been/are provided by Countrywide Tax and Trust Corporation, Trust docs, and/or other specialist Solicitors, Lawyers or advisors as required who will, either themselves be working in compliance with the Legal Services Act 2007 or the work that they provide will be approved by a Barrister working under the same act.
Due to the increased proliferation of deep fakes and the manipulation of video footage and, in order to protect our staff, we will not be conducting any further Zoom meetings after Friday, March 1st 2024
OUR PROCESS
One of our advisors will either meet with you or conduct a telephone consultation (please note that all calls are recorded for the purposes of training and monitoring quality, meeting regulatory requirements, maintaining evidence of business transactions, and the prevention and detection of crime and/or fraud) without charge or obligation and will listen to the wishes and the concerns that you have regarding your estate planning and will go through with you who we are, how we operate and what you can expect in terms of our service and fees and will recommend certain products and packages to ensure that all your wishes are met and you are completely protected in all areas. It is quite common at this point for our advisor to recommend a number of packages to you for consideration which could range in price from £100s to £1000s. Clients are under no obligation whatsoever to take any of our packages and are always free to choose as many or as few of our recommendations as they see fit. If at the end of this face-to-face meeting or telephone consultation you decide that you would like to proceed with an instruction for a Will or another one of our products or packages our advisor will take your instructions and payment details there and then. It is important to remember that it is your responsibility to advise us of any pre-existing diagnosed medical conditions you may have that would prevent you from putting a property in Trust under the deliberate deprivation of assets rule. Failure to do so could result in the Trust being disregarded in the future and if this happens, we cannot be held liable in any way for your non-disclosure and no refund of any monies paid would be due. If you would like time to consider your options, you should ask our advisor to make a second appointment with you to come back or call you back at a convenient time to take your instructions. During the second appointment (or first if you have elected not to have a 2nd appointment or telephone consultation and have decided to proceed straight away) you can tell our advisor what option you have decided to proceed with and they will then take down all the relevant information required from you to enable the initial draft for your chosen products to be commenced and they will ask while with you or on the phone to you for the appropriate payment which can be paid by cash (if face-to face), bank transfer, debit/credit card or on certain packages a deposit can be paid and up to 12 month's interest free credit terms taken. Your initial draft documents will usually be received by you between 7 to 14 working days after our advisor’s final visit or telephone call depending on the complexity of your case and the number of external agencies involved. At this stage you are free to amend all drafts as many times as is required until such time as you are happy with their contents (subject to clause 5 of our terms of Business). Once you have indicated that the content of your documents is acceptable to you, they will be sent for printing. When ready to be signed, if you have paid for a Will witnessing service you will be called and advised that your documents are ready and will be asked to arrange a convenient time to attend our office with any elected Trustees or Attorneys to ensure that all documents are signed and witnessed correctly. If you have not ordered this service, then your documents will be ready to collect or can be sent to you by post highlighting where you and your own witnesses should sign. If you have ordered copies, they will be given/sent to you at this time also. If you have elected to have your documents stored and are using our witnessing service our representatives will take them with them after being witnessed to be stored accordingly and where a postage only option without witnessing has been elected your documents will be sent to you for signing and witnessing and a reply-paid envelope provided to return them to us if we are storing them. Documents that are to be collected in person from our office will need to be done so by prior arrangement and upon production of the appropriate ID.
The services provided to you. Thy Will Be Done (Spain) Ltd will prepare or have prepared all of your legal documents in accordance with the confirmed verbal and written instructions provided to our advisor during your appointment(s). We will usually commence work on processing your documents within 24 hours of receiving your signed instructions. The drafting process, including proof reading is usually completed within 14 working days of taking an instruction. As soon as your respective initial draft(s) are complete it/they will be sent to you to read through at which point you can advise of any alterations/amendments that may be required. This process is able to be repeated as many times as you wish without charge until such time as you have confirmed that everything is as you want (subject to clause 5 of our Terms of Business). Your final legal documents will then be produced. It is very important that you understand that once you have received your initial draft documents, you will not be able to cancel that aspect of your order with us and obtain a refund as the work to produce those documents will have been completed - the service you are paying for is for the production of your initial draft documents as all/any amendments to them after that point and any conveyancing are/is provided free of charge. Similarly if we produce your initial draft documents and you do not complete the drafting process, you do not advise us of any amendments you require, you do not advise us that there are no amendments to be made and are ready to proceed, you do not sign the final documents we send you, you feel there are too many documents, you do not understand the documents provided or you simply change your mind, there can be no refund given for your Will(s), Lasting Power of Attorney document(s) or Trust order once the initial drafts of those documents have been produced. Once your legal documents are ready for signature and witnessing you will be advised and a suitable time arranged to come into our office for a document witnessing appointment (a fee is charged for this service) or they will be posted to you or can be collected by prior arrangement from our office. Where we are producing LPAs for you one of our legal document witnessing services must be chosen. The consultant will offer you the opportunity to store your documents. If you opt for this service and are using our witnessing service your documents will be taken away once signed and witnessed by ourselves and held for your Executors/Trustees/Attorneys in our storage facilities. Where you are arranging witnessing yourself, a reply-paid envelope will be sent to you with your original documents within which to send back the signed and witnessed copies. This envelope will then need to be taken to the Post Office and sent back to us using their special guaranteed delivery service.
What you will receive from us. Your initial draft documents for proofing. Your final legal documents once the initial drafts are approved and where applicable a Memorandum of wishes, Statement of Assets, Expression of Trust wishes, Probate price guarantee, Storage and Registration certificates, Deed of severance paperwork, Glossary of terms.
Where you require advice on capital gains, inheritance, business or income tax or any form of insurance or other financial advice we will refer you to one of our specialist partners who are authorised and regulated to give this advice as we do not provide this advice ourselves.
Please note that where required it is your responsibility to provide us with an accurate valuation of your property and similarly if we establish that your property is not already registered on the Land Registry you will need to either get this rectified yourself so that we can proceed or pay us to do this for you. Our fees for this service are on our fees page. No refund of any fees paid to us can be given if it transpires your property needs a first registration for us to complete your instruction.
Signing your Will(s) and/or other documents.
If you are not electing to use our witnessing service it is your responsibility to ensure that as soon as you receive your legal documents that you sign them and have your signature witnessed by the appropriate amount of relevant individuals.
If you are storing your legal documents with us we will make regular follow up calls and emails to you to request that the signed and witnessed documents are returned to us for storage.
In the absence of you storing documents with us, once we post out your Wills to you, we cannot then contact you to ensure you have signed the documents and had them witnessed correctly, this will be your sole responsibility.
As such we cannot then be held responsible for any legal documents that have not been signed and witnessed before a client dies or needs them for another reason.
We would therefore strongly recommend that you use our witnessing service and/or our storage facility accordingly.
Your security. The following measures security are in place for your protection:
All calls are recorded;
You will on occasion be asked 3 random security questions to verify your identity;
You will be asked to produce photo evidence of your ID which will often include providing this by means of a selfie showing you holding the ID up so your image can be verified;
Callers at our offices will always be asked to produce photo ID
Sensitive original documents will often be sent by means of a postage option that requires the signature of the person receiving it
The cost to you. A full list of our standard prices which include V.A.T will, if having a personal visit be left with you after your initial consultation and for those having a telephone consultation are always listed on our website, however we can, if requested, write to you after our initial consultation with you and advise you of that which we are recommending together with the total price including V.A.T. The full cost of whichever option you choose to proceed with will also be fully explained and agreed with you during your consultation with us and a receipt will usually be issued to you immediately upon payment if a face-to-face meeting has been conducted or sent to by e-mail if you have one if paying by card over the phone. If you are paying by BACS, you will be able to see that your payment has been made and we would usually be able to confirm to you that it has cleared within 24 hours if requested.
Alteration to documents. Any amendments to your draft documents will be made without charge (subject to clause 5 of our Terms of Business). If you have proofed your drafts for printing and then find an amendment is required, this will incur a charge.
Completion. All services bought from us must be completed within 2 years of engagement. If non completion within this time frame is through no fault of our own (this includes COVID) or a 3rd party provider then no refund will be due of any money paid and the difference between what was paid and our current charge for the same service provided must be paid by you as an additional fee. This also applies to you:
Not providing us with all the information we require and have requested to complete the work within that time scale.
Not approving final drafts within that time scale.
Continually changing drafts so as not to be able to be completed within the 24-month time scale.
Rights of cancellation in compliance with the Consumer Contracts (information, Cancellation and Additional charges) Regulations applicable from 13th June 2014.
Your payment to us for the engagement of our services constitutes in itself an agreement to accept and abide by our Terms of Business.
Where an instruction is taken over the phone you have the right to cancel your instructions within fourteen days only (including bank holidays and weekends) starting on the day you that make your payment.
Where an instruction is taken face to face, you have the right to cancel your instructions within fourteen days (including bank holidays and weekends) starting on the day you receive your Notice of Right to Cancel.
If you do cancel within 14 days in accordance with your rights, or your Executor cancels your instruction following your death, no refund will be able to be given for work already carried out up to the point your written cancellation advice is deemed to have been served.
Cancellations must and can only be communicated in writing by the client(s) themselves and be either sent by post or hand-delivered in person (a confirmation of receipt MUST be collected from a member of staff if hand delivering) to THE MILL BUILDING CHATSOWRTH ROAD WORTHING BN11 1LY or you can send by e-mail to db@thywill.co.uk.
Any other cancellation:
Delivered face to face, or over the telephone, or online through social media, or by text or by an e-mail sent to any e-mail address other than db@thywill.co.uk, or by post sent to any other postal address other than THE MILL BUILDING CHATSWORTH ROAD WORTHING BN11 1LY or communicated to or with any member of staff through any other means WILL NOT be accepted as a valid medium by which to cancel and MUST NOT be relied upon as such.
Cancellations cannot be accepted from friends or family on behalf of a client unless they are in possession of a registered Lasting Power of Attorney document for property and finance for all signatories concerned and the cancellation complies to the terms outlined above.
If you are sending your cancellation by post, you must obtain a Certificate of Posting or Recorded Delivery slip as proof of when it was sent. In the absence of proof of when a cancellation letter was sent, we can only use the date of receipt of your letter as the date of advice, irrespective of the date on the letter or the date you state it was posted which is why it is essential that you get proof of postage. You are advised to take a copy of your cancellation advice before returning it to us.
Where you have confirmed at the point of engagement (either orally, in writing or by making full payment) that work should commence before your cancellation period expires, we will usually commence such work on your case within 24 hours of receiving your instructions and/or payment irrespective of whether a signed drafting process form has been received or not, however, your drafted documents may not be sent to you until either:
the 14 days has expired or
the signed drafting process form has been received.
If you cancel during the drafting process because amendments are required to your documents no refund will be paid as such amendments are able to be made without charge as part of our standard service to you and (for those who have had a face to face meeting) as per our advice contained on the drafting process document that we send you, it is quite common and moreover expected that there will be amendments required to the initial draft that we send you.
Any refund payments will be determined in accordance with our published standard fee structure or package fees as applicable.
No refunds of any kind can ever be given for any products/services cancelled after the 14th day of the cancellation period, irrespective of the reason for cancellation and irrespective of whether the instructions were given over the phone, face to face or where a client has died after the 14th day of the cancellation period, and this applies where some, all or none of the drafted documents have, at the point of cancellation, been sent to you.
Probate. We provide a standard probate service charged at 1.75% + vat of the total gross estate value (minimum fee £1500 + v.a.t).
Clients with ATM/PCC cover will have this service delivered to them at 1.16% + vat of the total gross estate value (minimum fee £1500 + v.a.t).
Where we are not the named executors in the Will, we may request a £1500 + vat payment on account at the beginning of the probate process which will be deducted from the overall fee at the end.
Where we are dealing with a very small estate, we may quote £1500+v.a.t to conduct the work and in these instances this covers up to 10 hours work which is usually more than sufficient for these types of case, however, should complexities be experienced during the process that require more than 10 hours work to be conducted, we will advise you in advance and the fee would then be on a per hour basis as required to complete the work at £150 per hour plus v.a.t.
Unlimited Updates, Storage, Priority Client Cover and Annual Trust Minutes. Unlimited updates apply to all documents that Thy Will Be Done (Spain) Ltd have themselves created at some point. It does not cover any other practitioners’ documents or registered LPA documents or the provision of new products, services or documents, just the updating of existing documents that Thy Will Be Done (Spain) Ltd themselves have supplied.
Half price witnessing or half price offers can be claimed at any point after the inception of Priority Client and or Annual Trust Minutes cover, however, if 24 months continual payments are not then received after the provision of the half price witnessing or half price updates, the balance between what has been paid and what should have been paid for 24 months cover will become immediately payable.
Discounts cannot be applied to services that are not provided by ourselves such as Office of the Public Guardian fees, neither can they be applied to any special charity promotions.
Your monthly fee is guaranteed to remain constant and will not increase during your lifetime so long as continuous cover is offered by us and paid for by you.
Annual Trust Minutes cover paid monthly, Priority Client Cover paid monthly, and Unlimited Updates or Storage Cover paid quarterly can be stopped by you at any time by giving 3 months’ notice or by paying 3 months' payments in advance if cover is required to be stopped immediately.
Unlimited Updates and Storage cover paid annually or for life in advance can be stopped by you at any time, however, no refund for any unused period of cover will be refunded.
Priority Client Cover and Annual Trust Minutes Cover paid for life in advance can be cancelled by you at any time, however, no refund for any unused period of cover will be given.
We reserve the right not to extend unlimited updates or storage cover paid annually for a further period of 12 months at each anniversary of the cover being taken out. In this instance, any documents held in storage will be available for you to collect at the reception of 31 The Mill Building Chatsworth Road Worthing BN11 1LY within 7 working days of your request. If you wish your documents to be sent to you by recorded delivery, then whatever our standard fee for sending them by this method that is applicable at the time of notification must be paid before any documents can be sent.
We reserve the right not to extend unlimited updates or storage cover paid quarterly for a further period of 3 months by giving you 3 months’ notice of the cessation of such cover being offered. In this instance, any documents held in storage will be made available for you to collect at the reception of 31 The Mill Building Chatsworth Road Worthing BN11 1LY within 7 working days of your request. If you wish your documents to be sent to you by recorded delivery, then whatever our standard fee for sending them by this method that is applicable at the time of notification must be paid before any documents can be sent.
We reserve the right to cease providing Annual Trust Minutes Cover or Priority Client Cover paid in advance for life or monthly at any time. In this instance, we will refund any difference between that which has been paid and what would have been paid for the period covered based on the monthly payments for that service.
If storage is no longer required, then please notify us and your documents will be made available for you to collect at the reception of The Mill Building 31 Chatsworth Road Worthing BN11 1LY within 7 working days of notification. If you wish your documents to be sent to you by recorded delivery, then whatever our standard fee for sending them by this method that is applicable at the time of notification must be paid before any documents can be sent. No refund of any unused period of cover will be made.
Complaints. We anticipate that you will always be pleased with our service, however, should you be dissatisfied for any reason, please put your complaint in writing and send by post or by email to db@thywill.co.uk and a response will be sent to you within 28 working days.
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