TERMS OF BUSINESS FOR THY WILL BE DONE (SPAIN) LTD

UK REGISTRATION NUMBER 10791190

All Wills, Will Trusts, and Lasting Power of Attorney grants are provided by College of Will Writers and Countrywide Tax and Trust Corporation trained Wills and Trust specialist, Paul Blackmoore

Stand-alone Probate Trusts, certain other Discretionary Trusts and the reserved aspects of conveyancing together with severance of tenancy arrangements have been/are provided by Countrywide Tax and Trust Corporation, Trust docs and other specialist Solicitors as required working in compliance with the Legal Services Act 2007.

Interest free payments can be made over 4 months on the balance left on all initial purchases over £400 where a 50% deposit has been paid

Interest free payments can be made over 12 months on the balance left on all initial purchases over £800 where a minimum of 10% deposit has been paid. 

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 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 areasIt 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. 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, bank transfer, debit/credit card or a deposit and up to 12 month's interest free credit. Your initial draft documents will usually be received by you between 2 and 5 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. 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 (this service is not available during the COVID-19 lockdown) 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 recorded delivery highlighting where you and your own witnesses should sign (there is usually a fee to pay if you wish your documents to be sent by this method) however during the Covid-19 lockdown as this is the only means of us sending you your documents there will be no extra fee for sending you your final legal document by recorded delivery.  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 (not available during COVID-19 lockdown) our representatives will take them with them after being witnessed to be stored accordingly and where a postage only option without witnessing (or during the COVID-19 lockdown) has been elected your documents will be sent to you by recorded delivery for signing and witnessing (please see our advice on conducting signing and witnessing during the COVID-19 lockdown) 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.

  1. 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 2 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. 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 (this service is not available during the COVID-19 lockdown) for a document witnessing appointment (a fee is charged for this service ) or they will be posted to you by recorded delivery (a fee is payable for recorded delivery except during COVID-19 lockdown) for you to sign and have witnessed yourself if you have elected our postage option (please see our advice on getting your documents signed and witnessed during COVID-19 lockdown). Alternatively, they can be collected by prior arrangement from our office (not during COVID-19 lockdown). Where we are producing LPAs for you one of our legal document witnessing services must be chosen (not during COVID-19 Lockdown). The Consultant will offer you the opportunity to store your documents.  If you opt for this service and are using our witnessing service (not available during COVID-19 lockdown) 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 by recorded delivery. 

  1. 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.

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.

 

  1. 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 web site, 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.

  1. 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.

  1. Rights of cancellation in compliance with the Consumer Contracts (information, Cancellation and Additional charges) Regulations applicable from 13th June 2014

Where an instruction is taken over the phone you have the right to cancel your instructions within fourteen days (including bank holidays and weekends) starting on the day you  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 week-ends) starting on the day you receive your Notice of Right to Cancel i.e. the day you sign our instruction form.

Cancellations must and can only be communicated in writing by the client(s) themselves and be either sent by post or delivered in person addressed to Cancellations 46 Goring Road Worthing BN12 4AD or sent by e-mail to cancellations@thywill.co.uk. Any other verbal face to face, telephonic, social media, text or e mail cancellations to any other e-mail address, any other postal address or to 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. For those that had a physical face to face consultation, the Cancellation Notice form provided within our promotional packs may be used to exercise this right and can be delivered in person, by email or sent by post – in which case you should obtain a Certificate of Posting or Recorded Delivery slip. 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, posted or, if you have sent an email, from the day the correctly addressed email is sent to us.

For those who have had a face to face appointment, where you have confirmed at the point of engagement and signature that work may commence before your cancellation period expires we will usually commence work on your case within 24 hours of receiving your signed instructions to do so irrespective of whether a signed drafting process form has been received or not.

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 we receive your written cancellation advice (please refer to 1 above for further clarification).

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 or package fees as applicable.

No refunds can be given for any products/services cancelled after the 14th 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 14th day of the cancellation period. 

  1. Probate

We provide a 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 will request a £1500 + v.a.t 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   

                                                                                                                                                                           

  1. Unlimited Updates, Storage, Priority Client Insurance and Annual Trust Minutes

Unlimited updates apply to all documents that we ourselves have created at some point. It does not cover any other practitioners’ documents or registered LPA documents or the provision of new products or services, just the updating of existing documents that we have supplied

Free witnessing or half price updates can be claimed upon the inception of Priority Client and Annual Trust Minutes cover, however, if 24 months continual payments are not then received after the provision of the free 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.

All products and services taken after 12 months of continual payments have been made under Annual Trust Minutes or Priority Client Insurance cover will be provided at 50% off the standard list price advertised. If 6 months or more of continuous cover has been provided then further products can still be provided at 50% of the advertised price if twice the difference between the payments already paid and what should have been paid for 12 months cover is paid in one go.

Discounts cannot be applied to services that are not provided by ourselves such as pre-paid funeral plans and OPG fees.

Your monthly premiums are 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 Insurance 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 can be stopped at any time however no refund for any unused period of cover will be refunded.

Priority Client Insurance and Annual Trust Minutes cover paid for life in advance can be cancelled 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 46 Goring Road Worthing BN12 4AD within 7 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 46 Goring Road Worthing BN12 4AD within 7 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 or Priority Client Insurance paid in advance for life 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 46 Goring Road Worthing BN12 4AD within 7 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. 

  1. 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 to Complaints Team, Thy Will Be Done (Spain) Ltd (Spain) Ltd, 46 Goring Road Worthing BN12 4AD or complaints@thywill.co.uk and you will be contacted in writing usually within 2 working days of the review of your complaint.