Terms and conditions

Standard Terms and Conditions 

1. In these conditions “we” and “us” means Will Wardens. “You” means a client of Will Wardens “Our” and “your” shall be construed accordingly.
    
2. Your continuing instructions will amount to your acceptance of these Standard Terms and Conditions.
    
3. When we are undertaking ongoing work on your behalf we may not always draw your attention to these Standard Terms and Conditions on each and every occasion. In such circumstances they will nevertheless continue to apply unless and until specifically stated by us in writing to the contrary in respect of any particular transaction.
    
4. We draw specific attention to clauses 11 and 14 which relate to the important matters of our Limitation of Liability and our Complaints Handling Procedure.
    
5. Retainer Letter
    
   1. At the outset of a transaction we will supply you with a retainer letter which will contain details of the person handling your business, details of anticipated fees and disbursements, and the nature of the work which we are undertaking on your behalf.
       
   2. Our retainer letter will draw your attention to these Standard Terms and Conditions.
       
6. Terms of Payment  
    
   1. It is our general practice to obtain payment from you before we conduct any written work. 
   2. If we do not complete the work you have instructed us to do we will charge you for the work we have done by reference to an hourly rate of £300 plus expenses.
      hen we put these payments towards your accounts we will send you a receipt. We will offset any such payments against your final bill but it is important that you understand that your total charges and expenses may be greater than any advance payment.
       

              3.   Interest on Late Settlement of Accounts 

                   We reserve the right to charge compensation and interest on        

                   outstanding accounts at the  rate permitted from time to time under the 

                   provisions of the Late Payment of Commercial Debts (Interest) Act 

                   1998.
 

          7.  Tax
 

1. Please note that our retainer does not include the provision of advice on the tax implications of any work that we are carrying out for you or how any transaction may best be structured with a view to mitigating liability.
    
2. Advice on taxation issues is offered and available only if specifically requested by you and to the extent agreed by us in writing. Where appropriate we will provide such advice in conjunction (with your agreement) with your accountant and/or specialist tax counsel.
    

          8.  Limitation of Liability
 

1. Our liability to you is limited to losses, damages, costs and expenses (“losses”) caused by our negligence or wilful default. We will not be liable if such losses are due to the acts or omissions of any other person or due to the provision to us of incomplete, misleading or false information. The aggregate liability, whether to you or any third party and whether in contract, tort or otherwise of this firm, its owners, employees and agents for any losses in any way connected with any of the services provided to you (and including interest) shall not exceed £2,000,000.00. (TWOMILLION POUNDS).
    
2. Any owner, employee or agent of this firm may rely upon and enforce this limitation in that person’s own name for that person’s own benefit.
    
3. Nothing in these Standard Terms and Conditions or in our letter of engagement excludes or restricts any liability arising from fraud or dishonesty or reckless disregard of our professional obligations or liabilities which cannot be limited or excluded by law.
    
4. Clients are provided with contact details for our Professional Indemnity Insurance on request.
    

         9.   Time Limits
              In certain circumstances the transaction into which you have entered     

               may impose important  time limits with which you may be required to            

               comply in the future.  It is not our responsibility to remind you of any such 

               date falling after completion of the transaction and which is not 

               directly related to the completion of the transaction that we have 

               undertaken on your behalf.
 

       10.  Storage of Papers and Deeds
 

             After completion of your transaction we are entitled to keep all your papers  

             and documents while money is owing to us. On closing, our file (except for            

             any of your papers which you ask to be returned to you) will be committed  

             to secure electronic storage. Original papers will be destroyed. We reserve               

             the right to delete your file from our electronic storage system after the  

             expiration of six years. 

1. We have separate facilities for the safe storage of deeds and documents of value. We reserve the right for increase our costs for this service inline with inflation.  
    
2. It is our normal practice to keep stored documents in a secure offsite location.
    
3. Please note that the hard copies of our working files are securely and safely destroyed following the completion of a transaction but are thereafter retained by us electronically. Electronic files are generally deleted after 12 years in the case of trust/probate work and in all other cases after 6 years.
    

        11.  Money Laundering Regulations
 

1. Proof of Identity - Individual
   The law requires solicitors as well as banks, building societies and others, to obtain satisfactory evidence of the identity of their clients. When you first instruct us we will ask you to provide us with either of the following:-
    
   •   your current photocard driving licence, correctly showing your current address, or
      
   •   your passport, plus an item of evidence to prove your address, such as a recent utility bill, recent council tax demand or bank statement. If you cannot provide such evidence please tell us and we will advise what alternative evidence may be acceptable.  Please do not send us any funds until the identification procedures have been carried out. We may use electronic identification service providers to confirm your identity, and that of any beneficial owners.
      

             2.  Proof of Identity – Corporate
                 Where we are acting for a company we must ask you to provide us 

                  with:-
 

•   the same documentation for each officer and beneficial owner of the company as is required for individuals as above.
   
•   a statement on the company’s notepaper certifying the identity of the beneficial owners of the company.
   

          12.   Confidentiality
                 We are under a professional and legal obligation to keep the affairs of 

                  clients confidential. This obligation, however, is subject to a statutory 

                  exception. Legislation on money laundering and terrorist financing 

                  places us under a legal duty in certain circumstances to disclose 

                  information to the Serious Organised Crime Agency. Where a we know 

                  or suspect that a transaction on behalf of a client involves money          

                  laundering the we may be required by law to make a money laundering 

                  disclosure. If that happens, we may not be able to inform you that a 

                  disclosure has been made or of the reasons for it because the law 

                  prevents “tipping off”. 

          13.   Cash
                 Please note that we are normally only able to accept cash up to a limit 

                  of £500. If clients circumvent this policy by depositing cash direct with 

                  our bank we reserve the right to  charge for any additional checks we   

                 deem necessary regarding the source of the funds.
 

          14.   Unidentified Third Parties
                 Please note that we can not accept funds from a third party (i.e. a party 

                  who is not our client) unless that party has, too, complied with the 

                  provisions as to verification of identity referred to above.

Conclusion 

We hope that you have understood these Standard Terms and Conditions. Please do not hesitate to contact us if you have any queries arising. 

Contact us

We are committed to providing a high-quality service to all our clients. When something goes wrong, we need you to tell us about it. This will help us to improve our standards,  If you have a complaint, please email us with the details at customerservices@willwardens.co.uk

What will happen next?

1. We will send you a letter acknowledging receipt of your complaint within 7 days of receiving it, enclosing a copy of this procedure.
2. We will then investigate your complaint. This will normally involve passing your complaint to the head of the appropriate department, who will review your complaint and speak to the relevant members of staff.
3. We will send you a detailed written reply to your complaint, including suggestions for resolving the matter, within 28 days of our receiving your complaint.
4. At this stage, if you are still not satisfied, you should contact us again and we will arrange for our Managing Director to review your complaint and our original response.
5. We will write to you within 14 days of receiving your request for a review, confirming our final position on your complaint and explaining our reasons.
6. If you are still not satisfied, you can then contact: The Society of Will Writers, Chancery House, Whisby Way, Lincoln, LN6 3LQ.