Make Your Will Today Limited Online Will Writing Service Terms and Conditions
You should read these terms and conditions carefully - by purchasing a Will using this online Will writing service you confirm that you accept these terms and conditions and agree to abide by them.
In these terms and conditions:
(a) 'We', 'Us' or 'Our' refer to Make Your Will Today Limited
(b) 'You' means you, the individual who contracts with us to purchase a Will or Wills
using the Service
(c) 'the Service' means the online Will Writing Service
(d) 'Will interview questionnaire' means the online questionnaire completed by you
(e) 'Will Generation Software' means the software used to operate the Service and
which is licensed to us by a third party
(f) 'Will Pack' means the Will, a Will Commentary and signing instructions
(g) 'the Site' means the website hosting the Service
(h) 'the Licensor' means Documents Plus
Service
1. The Service is only appropriate if you:
- are domiciled in England and Wales
- are over 18 years of age
- are able to read, write and see
- understand the English language
- require your Will to be governed by the law of England and Wales
2. You should not use the Service if:
- you own property outside of England and Wales
- you intend to leave England and Wales on a permanent basis
- you have business or farming interests
- you wish to leave any land, building, timeshare or intellectual property as a separate gift
- you wish to leave anything of value to a person who has a learning disability and/or is dependent on means tested benefits
- the value of your estate exceeds the current Inheritance Tax threshold or, if you are married or in a civil partnership, or widowed, your joint estate exceeds twice the current Inheritance Tax threshold
3. Access to the Service is only intended for use by you and you can only use the
Service to make your Will.
4. Payment for the Service may only be made through PayPal by a debit or credit card in your name.
5. By using the Service you confirm that you:
- are not subject to coercion or undue influence
- understand the nature and purpose of making a Will
- have sufficient mental capacity to make and execute a Will
- have not been influenced by anyone in answering the questions or providing information.
6. We reserve the right to refuse to process any submitted Will interview questionnaire or prepare any Will at our absolute discretion. In the event of the exercise of this right we will refund your payment to you.
7. Your Will is prepared in reliance upon the information provided by you in your completed Will interview questionnaire and it is therefore extremely important that you ensure that all information you provide is accurate and complete. Any inaccuracies, errors, or omissions may affect the validity of your Will and/or the disposal of your estate.
8. The Service may offer one or more of the following options:
Description Details: Online Wills created under this service are generated by the Will Generation Software. Wills are not checked by a legal professional and are created on the basis of the information provided by you. Once you have made payment your Will Pack is available for download.
9. We reserve the right to change or amend the options or designations offered by the Service and/or the charges for the Service without notice at any time.
10.Premier Service only: You will have the opportunity to change the information in your Will interview questionnaire for a period of 48 Hours following submission.
After this period has elapsed your Will interview questionnaire will be locked and you will not be able to make any changes, although you will be able to view it.
11.Premier Service only: The generation of a Will under this service does not constitute legal advice and we cannot accept responsibility for the appropriateness of such Will. It is your responsibility to review the Will document carefully before signing to check that the document that has been generated accords with the answers you provided to the questions.
12. Superior/Superior Plus Services: If on reviewing your completed Will interview
questionnaire and any additional instructions or comments submitted or raised by
you, additional time is required to complete your Will, we reserve the right to make an additional charge. Before any work is undertaken we will provide you with an estimate of such additional charge, and if this is not acceptable to you we will refund sums paid by you and cancel your application.
13. Please not that Wills are drafted under and in compliance with the laws of England and Wales. If you require your Will to be governed by the law of another country or by religious laws this Service is not appropriate and you must not use this Service.
14. Your Will Pack includes detailed instructions for the execution of the Will and these must be strictly adhered to. We accept no liability whatsoever for any loss arising out of a failure to fully observe such instructions. Should a beneficiary suffer a loss as a result of your failure to follow the instructions, you or your estate will indemnify us in respect of any claim made by that beneficiary.
15. We accept no responsibility for any loss caused by your failure to execute the Will in good time or at all. Should a beneficiary suffer a loss as a result of your failure to execute the Will in good time or at all, you or your estate will indemnify us in respect of any claim made by that beneficiary.
16. Please note we will not be obliged to contact you if there are any changes to UK legislation, including tax legislation, which may have an affect on the provisions or effect of your Will, but we may choose to do so. We cannot be liable to you for any losses, damages or costs (whether arising in contract, tort, negligence, breach of statutory duty or otherwise) arising as a result of our not contacting you in these circumstances.
17. The Service is offered solely to you for your benefit and that of your beneficiaries under your Will and we do not assume any liability to any person other than you and your beneficiaries under your Will in relation to any advice we may give you.
Unless we indicate otherwise in writing, we assume no responsibility for or liability
(including liability for fees) in relation to the acts or omissions of, or advice given by, any experts, consultants or other advisers (including legal advisers) engaged in relation to any matter connected with your instructions given in the course of the Service. Any advice we may give is confidential to you and we shall not be
responsible if you make it available to third parties. No person who is not a party to the agreement embodied in these standard terms and conditions and the relative covering communications or your beneficiaries under your Will shall, in the absence of express provision to the contrary, have any right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms, but this does not affect any right or remedy of a third party which exists or is available other than under that Act.
18. Consent to Sharing Information (Mirror Will applicants only)
When applying for a Mirror Will through the Service your spouse/partner/civil partner and you will receive shared information including sight of each other’s Will. In agreeing to these Terms and Conditions you are giving consent to such sharing of confidential information.
19. Limitation of Liability We accept no liability whatsoever for any direct or indirect loss caused by or connected with:
i) the Service being unavailable at any time or for any period
ii) the Will being lost or delay in downloading the Will or loss or delay of any
email transmission or should the Will be lost or delayed in the post
iii) any computer virus transmitted to you from the Site or the Service
20. We accept no responsibility for the content of, advice given, or goods or services offered by any website linked to the Site and accept no liability for any loss incurred by you in respect of any such content, advice goods or services.
21. Data Protection All information provided by you to us in connection with the Service, including the information given in the Will interview questionnaire, will be used by us in the course of providing the Service, including, if appropriate, the storage of your Will.
22. We hold your details as data controllers.
We use your details for the purposes of:
i) providing the Service to you;
ii) generally monitoring the Service;
iii) analysis to help us manage our business
iv) statutory returns
v) legal and regulatory compliance, and
vi) keeping you informed about our services
23. You have the right of access to your personal records held by us by making a
request in writing to:
The Compliance Officer
Make Your Will Today Limited
Trigain
Caerdydd
CF15 9LY
24.Distance Selling You acknowledge that the Online Service involves the automated generation and
delivery of your Will and does not require us to carry out any manual work to process your Will. In order to be able to provide the Service we ask that you waive your right to cancel your order under the Consumer Protection (Distance Selling) Regulations, as if you do not we will be unable to provide you with
the Service within our normal timescale. To waive your right to cancel, please tick
the appropriate box at the checkout section of the Will interview questionnaire.
Intellectual Property Rights
25. We are the licensee of all intellectual property rights in the Service, the Licensor’s Site and the Will Generation Software, which remain the sole property of the Licensor, and the content, or any part thereof, must not be reproduced.
26. Intellectual property rights for the purpose of Clause 27 include, without limitation copyright, trademarks, patents, patent applications, the underlying software, the design, graphics, look and feel and structure of the Site and the Service, database rights, and design rights.
125% Money Back Guarantee
Our 125% Money Back Guarantee is in addition to your normal legal rights and accordingly your statutory rights are not affected and any dispute arising shall be governed by English and Welsh law.
We guarantee that if you purchase an online will from us and then purchase a better and cheaper online will from another legal UK registered online will writing business within five days, we'll give you your money back plus an additional 25% subject to our guarantee terms and conditions:
125% refunds will only be paid back into the original UK debit / credit card via PayPal.
You must provide us with a signed and dated copy of the newer will along with the URL where you completed it and a copy of their invoice and payment receipt.
Receipts must be from another UK registered online will writing business that has filed at least 1 year's trading accounts with HM Revenue & Customs and has a valid Data Protection Registration Number.
Incomplete or illegible claims, or those not in accordance with these terms and conditions will be rejected.
Only one claim is admissible per household. Claims can not be assigned to any other party. No claims from agents, third parties or organised groups will be accepted.
Our decision is final in all matters relating to this 125% Money Back Guarantee and no correspondence will be entered into.
