TERMS OF BUSINESS FOR THY WILL BE DONE (SPAIN) LTD
Thy Will Be Done is a trading style of Paul Blackmoore in Spain
NIE: Y8285370
Spanish Solicitor: Gabriel Padillo Franco – Spanish Bar registration number (ICAE) 1265
OUR PROCESS
One of our advisors will either meet with you or conduct a telephone consultation without any charge or obligation and will listen to the wishes and the concerns that you have regarding your UK and Spanish 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 free, should they wish, to simply opt for a basic Will instead. Clients 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 in the UK. 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 from you. 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 (this applies to face-to-face appointments in our office only and can be paid in € or £ - If you choose to pay in Sterling then the exchange rate of the day will be applied), bank transfer, debit/credit card. Your initial draft documents will usually be received by you between 7 and 10 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 this document). Once you have indicated that the content of your documents is acceptable to you, Spanish documents will either be sent to our notary (if this option has been chosen), or will be sent to you or your chosen notary by e mail if you have opted not to use our notary. UK documents can be collected from our office in Quesada (or an appointment will be made for you to attend our office to sign them in front of us if our witnessing service has been chosen) or they can be emailed directly to you for you to print off, sign and get witnessed independently. If you have ordered copies, they will be given/sent to you at this time also. 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 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/order form. The drafting process, including proof reading is usually completed within 7-10 working days of taking an instruction. As soon as your respective initial draft(s) are complete it/they will be sent to you by e-mail 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 cluse 5. Of this document). 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.
What you will receive from us. Your initial draft documents, sent by email, 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.
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 can be given if it transpires your property needs a first registration.
The cost to you. A full list of our standard prices, which include IVA/V.A.T. will, if visiting our office, be provided to you after your initial consultation, and, for those having a telephone consultation, are always listed on our web site. 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 where a face to face meeting has been conducted and payments in our office can be by a Spanish or UK card in Euros, by bank transfer in Euros, by cash in Euros or by cash in Sterling (if the cash in Sterling option is chosen the exchange rate of the day will be used.).
For telephone appointments, payment can be made in Euros by bank transfer from your Spanish account to our Spanish bank account or in Sterling with a UK debit or credit card or in Sterling by bank transfer from your UK bank account to our UK bank account (we cannot take remote payments over the phone using a Spanish card).
If paying on a UK card or by bank transfer in Sterling, the rate from € to £ is always 1:1 because the sale then becomes a UK sale and goes through our UK office and our UK fees are considerably higher than our Spanish fees.
As soon as payment has been received, a receipt will be sent to you by email.
Alteration to final legal documents. Any amendments to your final legal documents will be made without further charge where such amendments are required as a result of an error made on our part in their production after you have proofed your drafts for printing so long as we have been notified in writing (including electronic mail) within 6 weeks of you receiving your documentation. 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 or a 3rd party provider, then 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 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.
28 days’ notice will be given that the 24 months have expired during which time, if that which we are waiting for is provided, no further charge will be issued.
If that which is required to complete the work is not provided within the 28 days an invoice will be issued and no further work will be carried out until such time as said payment is received.
Cancellations. You have the right to cancel your instructions within seven days (including public holidays and weekends or up until your draft(s) have been received by you whichever is the earlier) starting on the day you make your payment. Cancellations must and can only be communicated in writing by the client(s) themselves and can be delivered in person to our office or sent by e-mail to ds@thywill.es. Any other verbal, face to face, telephonic, social media, text or e mail cancellations to any other e-mail address, or with any member of staff are NOT accepted as valid mediums 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. You are advised to take a copy of your cancellation advice before returning it to us. Your cancellation is deemed to have been served as soon as it is delivered in person, or, if you have sent an email, from the day the correctly addressed email is sent to us. We would make you aware that if you cancel 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 (please refer to 1 above for further clarification). If you cancel during the drafting process simply 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 you sign. It is quite common and moreover expected that there will be amendments required to the initial draft that we send you. Any refund of payments will be determined in accordance with our published standard fee structure or package fees as applicable. No refunds can be given for any products/services cancelled after the 7th day of the cancellation period irrespective of whether the instructions were given over the phone, face to face or where a client has died after the 7th day of the cancellation period.
Notary. Where you have elected to use one of our recommended notaries, we will usually provide the service of arranging an appointment for you directly with them at no charge to yourself and you would then pay the notary directly for their service on the day that you attend your appointment.
The notary will then give you a copia simple (basic copy of your document which is unsigned) there and then, or, if this is not immediately able to be provided, they will forward your copy to you by e-mail or it could be sent to ourselves for us to print and give to you by prior arrangement.
If you wish to obtain a formal copy of the signed and notarised document you will need to order and pay for this directly with the notary themselves.
Where we have agreed that the fee we receive from you can include the fee for a notary, this fee will be passed directly to the notary on your behalf.
You must be aware that a notary could request at any time (and without notice) that due to changes in their personnel or holidays/sickness that you will need to have a translator accompany you to your appointment with them. If you do not have a friend/relative that can provide this service on your behalf you may need to employ the services of a professional to provide this service for you, the fee for which will need to be paid by you to them separately in addition to the fee that you will need to pay the notary. We are not and can never be held responsible for any notary advising you that a translator needs to be present at your meeting with them.
We do not indemnify any notary or their work for or with you and any complaint or claim you may have with a notary that we have arranged on your behalf will be directly between you and that specific notary and not with ourselves.
We are only responsible for producing your legal documents, not the notarising of them.
We reiterate therefore that the services provided to you by any notary that we have arranged an appointment with on your behalf are not any part of the services that we ourselves provide to you and, as such, you acknowledge when engaging with us at the outset, that no claim or complaint can be brought against us for anything pertaining to the services provided/or not provided by the notary involved in your case or the failure of a notary that we have attempted to make an appointment with on your behalf to make such an appointment.
Where we arrange an appointment with a notary for you, either with their fee paid to us to pass onto them, or where you are paying the notary directly, we are not responsible for the actions or service level of that notary, or their ability to attend to you based upon your location if they are coming out to see you in person. We will always do our utmost to make an appointment with your preferred notary but we cannot be held responsible if such an appointment is unable to be made for whatever reason.
Probate. We provide a standard probate service charged at 1.75% + v.a.t of the total estate value.
Where we are not the named Executors in the Will, we may request a £/€1500 + v.a.t/IVA payment on account which will be deducted from the overall fee at the end.
Disbursements such as accommodation and travel expenses where we are required to attend a property more than 100 miles away from our office to value its contents are not included in the 1.75% fee and will be advised in advance and if agreed, invoiced separately.
Priority Client Cover. Unlimited updates apply to all documents that Thy Will Be Done have themselves created at some point. It does not cover any other practitioners’ documents or registered LPA documents.
Discounted witnessing or discounted services 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 discounted witnessing, discounted updates, or discounted services have been given, the balance between what has been paid and what should have been paid for the full 24 months cover will become immediately payable in full. In the case where a client or clients have received discounted services from us because they put cover in place, a cancelled direct debit within 24 months of such services being provided will not be able to be reinstated to cover the remainder of that 24-month period, full payment will need to be made for the full amount outstanding for the 24- month period. Once such payment has been received, should the client wish for cover to continue, a new direct debit mandate can then be put in place to cover from month 25 onwards.
Discounts cannot be applied to services that are not provided by us such as Pre-Paid Funeral plans, Notary fees and OPG 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.
Priority Client Cover paid monthly 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.
Complaints. We anticipate that you will always be pleased with our service, however, should you be dissatisfied for any reason, in the first instance please liaise directly with your case handler. If having liaised with your case handler you feel that you wish to make a formal complaint, please put that complaint in writing and send it by email to db@thywill.es and a written response will be sent to you within 28 working days of receipt.
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