Terms of Business

Willmakers of Sheffield Ltd (hereinafter referred to as the Company) are members of the Institute of Professional Willwriters (hereinafter referred to as IPW) and it is mandatory that it operates in accordance with the IPW Code of Practice, copies of which are available in written format free of charge either from the Company or from the IPW at the address overleaf. Any instances of non compliance with the IPW Code of Practice should be addressed to the IPW. The purpose of these Letters of Engagement is to explain to you what your rights and obligations are and what rights and obligations the Company have.

Both the Company and the IPW are keen to ensure that the Company provides its services to the highest standards within the profession and in compliance with the Code of Practice. We would be grateful if you would spend a few moments completing an on line questionnaire at www.ipw.org.uk/feedback. Alternatively a paper version of the questionnaire can be obtained from the Company or the IPW at either of the addresses overleaf.

1) Fees
The Company’s fees for writing Wills and for any additional products or services are enclosed.

2) Our obligations
a) The Company usually operates a one visit system. The visit is to discuss your situation and your requirements and to obtain as much information as possible to enable us to draft your documents.
b) A second visit can be arranged to return your documents, to explain them to you so that you can be sure that they meet your requirements and to supervise the signing and witnessing of them. Where this takes place at the companys office no fee is payable but a fee is payable if elsewhere
c) The Company is obliged to give you best advice. In some cases this may require additional products or services, provided at extra cost either by the Company or another company recommended by us. You are under no obligation to take up any product or service, but the Company may require you to sign a disclaimer if you choose not to do so.
d) The Company may require you to sign a disclaimer if you instruct us to draft any product or service in a way that is contrary to our advice.
e) Any advice that is given by the Company is based on its understanding of law, practices and procedures at the date of this agreement. The Company is not responsible for any consequences arising from any future changes in law, practices or procedures.
f) The Company has Professional Indemnity Insurance of 2million to cover claims and losses arising as a result of any negligent act by it provided by Liberty Mutual Insurance Europe Limited.
g) The Company has Public Liability Insurance of 2million to cover claims and losses or damages arising from action by it provided by Liberty Mutual Insurance Europe Limited.
h) The Company reserves the right to withdraw from any transaction if it is unable to complete any transaction in whole or in part but if it does so, it will write to you immediately and you will not be liable to pay any fees and any prepaid will be returnable.
i) The costs of correcting any error or omission on the part of the Company shall be borne entirely by the Company.
j) The Company will maintain client files for a period of 6 years after your death, or for a period of 6 years after you have notified us in writing that your document(s) have been revoked, whichever event occurs first.
k) The Company will provide advice to clients free of charge by telephone on a telephone line that is not a premium rate number on any matter relating to their transaction for a minimum period of twenty working days following the date when documents are available for attestation.

3) Your obligations
a) The validity, accuracy and suitability of any documents that we provide will partly depend upon the honesty, completeness and accuracy of your answers to our questions. The Company therefore requires you to be open and honest with the information that you provide to us. The Company is not responsible for any consequences arising from inaccurate or incomplete information provided by you.
b) The document should be signed within 10 days of receipt and, if you are not taking the attestation service (attending the witnessing), you should provide the company with photocopy evidence of signing within a further 10 days for a prima facie check.

2) Timescales
a) Your completed documents will normally be available for signing no earlier than 5 working days and no later than 10 working days from the date on which it has all the information that it requires to complete your documents unless a different timescale is agreed.
b) In the event that the Company is unable to meet the above timescale then you will be able to renegotiate this agreement or you can cancel it without any obligation to pay any fees.
c) If you are unable to provide all of the information that the Company requires to draft your documents within 20 working days of this agreement then the companys duty of care will cease once the company has written to you giving 7 days notice of the cessation of duty of care.
d)
2) Payment
Payment may be required, in full, for the basic service at the initial appointment or 50% of the fees relating to all the services provided. Any balance may, at your option, be made at the outset or upon provision of the final documents.

3) Notice of the right to cancel
a) You have a right to cancel this agreement with the company within 7 days of the date of this agreement by writing to the company at the postal address or the email address below and any payment made will be refundable.
b) You can cancel this agreement later than 7 days after the date of this agreement by writing to the company at the postal address or the email address below but unless the cancellation is due to a delay on the part of the Company that is beyond the timescale referred to in section 4a, you will be liable to pay half of the full fee due.
c) You can use the cancellation form that is attached. Where notice of cancellation is posted, it is recommended that it is sent by Recorded Delivery, however cancellation will be deemed to be served as soon as it is posted or sent to us.
d) The Company will acknowledge receipt of notice of cancellation in writing within 14 days.
e) You can agree in writing that the Company can start work on your documentation on a date before the expiry of 7 days of the date that you first give us information to enable us to complete work for you however you may be required to pay for the services undertaken during the cancellation period.

Complaints
If you are not happy with any aspect of service provided by the Company, you should first of all contact our Consultant, Gordon Earl whose telephone number is 08451 662 165.
If you wish to make a complaint about any aspect of service provided by the Company, you must, in the first instance write to our Consultant, Gordon Earl at the address below. He will acknowledge your letter within 3 working days of receipt and then investigate the circumstances of your complaint and write to you with the results of his investigation within a further 20 working days.
If you are not happy with the results of the investigation by the Company, you can write to the Institute of Professional Willwriters at their address below, who will instigate a Conciliation Process to help you and the Company to reach a mutually satisfactory agreement.
If you are not happy with the results of the Conciliation Process or if you choose not to take up the Conciliation Process following any investigation by the Company, you can write to the Estate Planning Arbitration Scheme (EPAS) at the address below who will then investigate your complaint and make a formal judgement but there will be a cost to you if you take this option.
These complaints procedures do not prevent you from seeking other means of redress.