Monument Wills

The following standard terms of business apply to all instructions accepted by the Company. All work carried out in the provision of Will Writing Services is subject to these terms except where changes are expressly agreed in writing.

These terms of business form the basis of the contract between the Company and the client.

1. Definitions

The 'Company' shall mean Monument Wills and Estate Planning Ltd and its Associate Consultants.
The 'Client' shall mean anyone instructing the Company for the provision of Will Writing Services.
The 'Society' shall mean the Society of Will Writers and Estate Planning Practitioners.
'Will Writing Services' shall mean the provision of Wills, Lasting Powers of Attorney, Living Wills, notices of severance, probate advice and other services of a legal nature provided by the Company to its Clients. It shall also mean inheritance tax advice and other tax planning advice but only in connection with the preparation of a Will.
'Documents' shall mean Wills; powers of attorney or other legal document produced as part of the Will Writing Services.

2. Procedures

On the initial appointment with the Company your detailed instructions will be taken and appropriate advice or guidance given on matters relating to Will Writing Services. Any questions or queries will be answered, and a full explanation should be given on the contents and terminology used in drafting your Documents.

3. The Company Undertakes to

Comply with your instructions with reasonable skill, care and expedition appropriate to your needs.
Provide you with the most appropriate/best advice on matters relating to the Will Writing Services. In some cases, this may mean advice to draw up other documents, or take other action, which may incur further fees. In such cases full details of such charges will be given to you in advance and you are under no obligation to proceed with any ancillary services offered. However, in some circumstances you may be asked to sign a declaration stating that you are acting against the advice given.
Dispatch your finished Documents by first class post within 14-21 working days of all required information being received by the Company. Where circumstances occur that are outside of the Company's control and that result in a delay beyond this period the Company will not accept any responsibility for the delay. However, the Company will provide a full written explanation, and you will be given the opportunity to renegotiate the contract or cancel the agreement with a full refund being provided on cleared funds. If you decide to proceed the Documents will be produced as soon as practicably possible and dispatched within 30 days from the receipt of final information being received.
Keep all information collected from and/or provided by the Client in strict confidence and not to pass the Client's details to any other organisation without your express written permission unless legally required to do so and will comply with all legislation in force relating to data protection.
Refund any money paid in respect of the preparation of your Will(s) should you change your mind within 14 DAYS FROM THE SIGNING OF THIS AGREEMENT. After the expiration of this period the Company reserves the right to charge you for the advice given and for any work already carried out on your behalf and in accordance with your signed instructions to produce Documents. An itemised invoice will be produced for any charges falling due under this term.
Hold any money received from a client in a separate client account in the event that the money is received in advance of the preparation of the Documents until the Will Writing Services have been carried out in accordance with your instructions.
Offer a FREE attestation service that supervises the signing of and witnessing of your Documents at your home. The Company will not take responsibility for ensuring the validity of your documents where the attestation service has not been taken up and the execution supervised by an agent or an associate of the Company. The signing of your Documents must be carried out according to the law of England and Wales in order for your Documents to be valid. All Documents will be supplied to you with full instructions of how these should be completed.
Where the Company offers a Will Storage Service the Company does not accept any liability or obligation to advise you of any changes in legislation or taxation which may affect you either directly or indirectly and may necessitate a review of your Documents. Any Will should be reviewed at least every three years and on the occasion of any material change in your circumstances, such as (but not limited to) divorce, marriage, the birth of children or the inheritance of a large sum of money etc. Once the drafting process is completed all documents are electronically stored and at this point the annual storage process/charge is commenced.

4. Your Obligations

To fully disclose all relevant facts and answers to all the questions asked to allow the Company to provide accurate advice and to produce an effective legal Document. The Company shall not accept liability in respect of information which was not disclosed, and therefore not documented by the person taking your instructions, and which comes to light at a later date as being of relevance and which may affect the validity or content of your Documents or advice given.
To return the Documents together with any amendments to the Company as soon as possible. If you fail to return the Documents to the Company, the Company shall accept no liability for any finished or draft Documents. The Company shall not be responsible for any delay due to your failure to comply with the above.
To pay the fee due for the provision of the Will Writing Services in full and in accordance with the terms of our invoice or that of our agents or associate's invoice.
If you are having the FREE attestation service, you should arrange for the two independent witnesses to be present at the time of the execution of your Will.

5. Client Care

The Company is committed to providing you with a high-quality service. An essential part of that service is that we will communicate effectively with you so that you are kept informed of progress.
The Company maintains a full complaints procedure so in the event that you have a complaint please write to us in the first instance. If the matter is not resolved to your satisfaction, you may refer it, in writing to Complaint Department, The Society of Will Writers, Eagle House, Exchange Road, Lincoln, LN6 3JZ.
The Company complies with the Society of Will Writers' Code of Practice of which a copy is available upon request.

6. Free Will Software — Template Basis

Where a Will is generated using the Monument Wills free online Will software, it is produced on a templated basis only. The software is designed to assist individuals in producing a basic Will document from the information provided.

No legal advice is given in connection with the use of the free Will software. The document produced reflects only the information entered by the user and does not take into account individual circumstances, tax planning, family law considerations, or any other factors that may affect the suitability or validity of the Will.

If you require personalised legal advice in connection with your Will or estate planning, please contact Monument Wills & Estate Planning directly. We strongly recommend seeking professional advice if your circumstances are complex, or if you are unsure whether a templated Will meets your needs.