Farewill and Farewill Trustees terms and conditions

There are two parts to these terms and conditions.

Part A are the terms and conditions on which Farewill Limited (Farewill) supplies Documents and Services (as defined by those terms) to you.

Part B are the terms and conditions on which Farewill Trustees Limited (Farewill Trustees) will act as an executor. Farewill Trustees is an optional service available to you as a user of Farewill’s Services.

Part A: Farewill

1. These terms and conditions

1.1. These are the terms and conditions on which we supply Documents and Services (as defined below) to you.

1.2. Please read these terms and conditions carefully before you submit your order to us. These terms and conditions tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms and conditions or require any changes, please contact us to discuss.

2. Definitions and interpretation

2.1. “Document(s)” means the will document or any other document sold by us on our Website and which are ordered by you.

2.2. “Privacy Policy” means the privacy policy on our Website which can be found at https://farewill.com/privacy.

2.3. “Services” means the service provided by Farewill to create, update, revise and check the Documents.

2.4. “Website” means https://farewill.com.

2.5. “we”, “us”, “our” means Farewill Ltd.

2.6. “you”, “your”, “yours” means the user accessing the Website and ordering any Documents and/or Services from the Website.

2.7. “Writing” includes emails. When we use the words "writing" or "written" in these terms and conditions, this includes emails.

3. Information about us and how to contact us

3.1. We are Farewill, which is a trading name for Farewill Ltd., a company registered in England and Wales under company registration number 09701947. Our registered office is 7 Ability Plaza, Arbutus St, London, E8 4DT, UK.

3.2. You can contact us by writing to us at [email protected] or by post at the address above. Any request, notification, communication or notice under these terms and conditions may be made by Farewill or on behalf of Farewill via any email address of the domain farewill.com (namely, ‘name or function @farewill.com) as well as by other means such as post. However the use of such an email address should not be relied upon as evidence that the communication has been sent by Farewill.

3.3 If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

4. Registration

4.1. Please check that the Documents and/or Services we offer are suitable for your use before you order from our Website. It is important that you read through the various pages on our Website before you order Documents and/or Services.

4.2. To order Documents and/or Services from our Website, you will need to register your details with us. By registering, you agree to be bound by these terms and conditions and our Privacy Policy.

4.3. The Documents and Services are not suitable for you if your permanent home is not in England or Wales or if you own a business, agricultural property or assets outside of the UK.

4.4. You must be 18 years or over in order to register and to order Documents and/or Services from us.

4.5. You agree to take particular care when providing us with your details and warrant that these details are accurate and complete at the time of registration and are not false or misleading or misrepresent your identity. Where requested, you must provide us with valid and complete contact details including your date of birth, a valid email address and a valid residential address.

4.6. When registering with us you will be required to provide an email address and password. You must ensure that you keep these details secure and do not provide this information to a third party. You agree to adhere to best practice in maintaining security as a user and in particular to selecting and confidentially storing passwords which adhere to best practice. We will not be liable for any unauthorised access by a third party using your email address and password.

5. Our contract with you

5.1. Our acceptance of your order for Documents and/or Services will take place at the time when we process your order and payment is made, at which point a contract will come into existence between you and us.

6. Our products

6.1. Documents and/or Services purchased from the Website are intended for your use only and you warrant that any Documents and/or Services ordered and purchased by you are not for resale and that you are acting as principal only and not as agent for another party. We shall not be liable for the Documents and/or Services to any third party.

6.2. The alterations which can be made to the Documents through use of the Services will be limited to set fields such as the names of beneficiaries, executors or assets and you will be able to make unlimited changes to these areas by ordering the Services. You will not be permitted to change or alter the main text on the Documents. Once alterations have been made, you will be able to download the updated Document.

7. Your rights to make changes

7.1. Due to the bespoke nature of the Documents, you are not entitled to cancel your order or to return the Documents unless either (i) the file cannot be opened or is corrupted when you try to download the Document; or (ii) any printed version of the Document ordered is damaged upon receipt. The right to cancel the contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 does not apply to Documents purchased from us.

7.2. In the event that you order a printed version of the Document which is damaged upon receipt, we will bear the costs of the return.

7.3. All replacements for faulty or damaged Documents will be undertaken within 14 days of receipt of the returned documents or the date you notify us that the Documents cannot be opened or are corrupted.

7.4. You have the right to cancel your subscription to the Services without giving any reason. To exercise your right to cancel the Services you must notify us online through the Website. You must provide us with a clear statement of your decision to cancel the Services. We will communicate to you an acknowledgement of receipt of such cancellation by email as soon as reasonably practicable.

7.5. If you cancel the Services you will be allowed to continue revising your Documents for the remainder of the period you have paid for. At the end of this period you will no longer be allowed to update your Documents. In order to reactivate your subscription you will have to pay a rejoining fee, as detailed on the Website.

8. Our rights to make changes

8.1. We may change the Documents, Services and/or Website:

8.1.1. to reflect changes in relevant laws and regulatory requirements; and

8.1.2. to implement minor technical adjustments and improvements.

8.2. We may cancel or suspend your access to Documents or the Services if we consider that you have acted in breach of these terms.

8.3. We reserve the right in all cases, at our complete discretion, to decline to offer you Documents and/or Services. Where we do so decline we will return any payment in full when we notify you of our decision.

9. Providing the documents and services

9.1. Where you have elected for a digital copy of the Documents only, we will make that digital content available for download by you as soon as we accept your order. Where you have elected for a printed copy of the Documents, you will be provided with an estimated date of delivery at the time of ordering. Please note that all delivery periods quoted at the time of ordering are approximate only and may vary.

9.2. Where we offer a delivery service for Documents and you have elected to have the documents printed, bound and posted to you, the delivery periods and costs of delivery will be as displayed to you on the Website. Documents will be sent to the address nominated by you at the time of ordering (on the order form) and cannot be altered.

9.3. Once purchased, we will supply the Services to you until you cancel the Services as described in clause 7.4 or we cancel the Services as described in clause 8.2.

9.4. If our supply of the Documents is delayed by an event outside our control then we will contact you as soon as reasonably possible to let you know and we will take reasonable steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Documents you have paid for but not received.

9.5. We may have to suspend the supply of the Services to:

9.5.1. deal with technical problems or make minor technical changes; or

9.5.2. make updates to reflect changes in relevant laws and/or regulatory requirements.

10. Price and payment

10.1. The price (inclusive of VAT) of the Documents will be the price displayed on the Website and indicated on the order pages when you place your order. You shall be entitled to use discount vouchers where applicable.

10.2. The total price for Documents and/or Services ordered, including any relevant delivery charges, will be displayed on the Website when you place your order. Full payment must be made before the Service can be provided or a Document can be downloaded by you or despatched for delivery by us.

10.3. The fee for your first Document includes use of the Services for one year. At the end of this year, we will automatically charge you an annual fee (to be indicated on the order pages when you placed your order and inclusive of VAT) per year for the continued ability to use the Services.

10.4. In the event that you decide not to sign a Document the price of the Document will not be refunded.

11. Your data

11.1. Where we have requested data from you to provide the Documents, you agree to provide us with accurate and complete information.

11.2. You authorise us to use, store or otherwise process your personal information (in accordance with our Privacy Policy) in order to provide the Documents to you and for marketing and credit control purposes. Please read our Privacy Policy for more information on how we store and process your personal information.

11.3. You are entitled to request a copy of the personal information we hold on you. Please contact us if you wish to request this information.

11.4. We have taken all reasonable steps to prevent internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the event of a breach in our secure computer servers or those of third parties.

11.5. We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data which you provide when accessing or ordering from the Website.

12. How we may use your personal information

12.1. We will use the personal information you provide to us:

12.1.1. to supply the products to you;

12.1.2. to process your payment for the products; and

12.1.3. if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.

12.2. We will only give your personal information to third parties where the law either requires or allows us to do so.

12.3. Please see our Privacy Policy for further information about how we may use your personal information.

13. Intellectual property rights

13.1. Ownership in, and all rights created in relation to the contents of the Website vest in us absolutely unless otherwise indicated. We retain ownership of all intellectual property rights related to the Website, including copyrights, trademarks and other proprietary rights. No licence is granted to you to use any such intellectual property save that you are permitted to use the Website in accordance with these terms and conditions. You must not modify, copy, reproduce, upload, post, transmit or distribute by any means or in any manner whatsoever, any material or information or download from our Website except where expressly invited to do so or indicated on our Website. The collection, arrangement and assembly of all content on the Website is the exclusive property of Farewill and is protected by copyright.

13.2. You are granted a non-exclusive, non-transferable licence by us to use our Website and to print pages from the Website. If you order and pay for a Document through the Website you will be granted permission to enable you to create and download your Document. You must not modify, copy, reproduce, upload, post, transmit or distribute by any means or in any manner whatsoever, any material or information or download from our Website except where expressly invited to do so or indicated on our Website.

13.3. You retain all of the intellectual property rights in your data. You grant us a perpetual, irrevocable, transferable, worldwide, royalty free and unlimited licence to use, modify, keep, share, save, copy, and utilise, your data for the purpose of providing the Documents and/or Services to you and as set out in clause 12.

13.4. You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Documents or the content of our Website in any way; (ii) modify or make derivative works based upon our Service and Website; (iii) embed a Document as an "iframe" or "frame" from within another application; or (iv) reverse engineer or access the Website, the Services or Documents in order to (a) build a competitive product or service, (b) build a product using ideas, features, functions or graphics that are similar to those related to us, or (c) copy any ideas, features, functions or graphics of the Website. When using the Website you shall not: (i) send any correspondence that has not been suitably scanned for any software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (ii) interfere with or disrupt the integrity or performance of the Website or the data contained therein, or our Website, servers or networks; (iii) attempt to gain unauthorised access to secure pages of the Website or its related systems or networks; or (iv) take any action that imposes an unreasonably or disproportionately large load on our system.

14. Our website

14.1. The information, content and material available on the Website may vary from time to time without notice to you. This is in order to ensure that the Website is as up to date as possible.

14.2. We use our best endeavors to ensure that the information available on the website is correct and accurate however the information is provided on an “as is” and “as available basis” and may become out of date over time.

14.3. The legal information we provide on the website does not constitute the provision of legal advice and we do not guarantee that this is correct, complete or up to date. The information contained on the website is general legal information and should not be construed as legal advice to be applied to any specific factual situation.

14.4. We aim to have the site available at all times, however, you will appreciate that we cannot guarantee this or that it will be error free and we cannot accept liability for any issues that this may cause. We aim to keep the Website as up to date as possible; all product descriptions displayed on the Website are correct at the time the information is entered however the information appearing at the time may not always reflect the position exactly at the time you place your order.

14.5. You must not interfere with the working of our Website nor must you circumvent security on the site, tamper with, or hack into, or otherwise attempt to disrupt our computer system, server, Website, router or any other internet connected device or service.

14.6. There may be a number of links on our Website to third party websites which we believe may be of interest to you. We do not represent the quality of the goods or services provided by such third parties nor do we have any control over the content or availability of such sites. We cannot accept any responsibility for the content of third party websites or the services or goods that they may provide to you.

15. Disclaimer and limitation of liability

15.1. Farewill is not a law firm and is not registered or regulated by the Solicitors Regulation Authority. Any use of our Documents, Services or the Website does not create or constitute a lawyer-client relationship between Farewill or any employee of or other person associated with Farewill and you. It is for you to satisfy yourself that the nature of the Services that we offer and the Documents provided to you meet with your requirements and are satisfactory for your purposes and any legal requirements. We cannot accept any responsibility to you if the Documents and/or Services you purchased from us are not legally correct for your situation.

15.2. When preparing Documents we have no responsibility and will accept no liability for verifying:

15.2.1. your identity;

15.2.2. your testamentary and/or mental capacity;

15.2.3. whether you are or were subject to any undue influence when using the Services or signing your Documents;

15.2.4. whether you knew, understood and approved the contents of your Documents;

15.2.5. whether there were or might be any actual or potential third party beneficiary(ies) who might have a claim in law against your Estate.

15.3. Guidance notes are provided to assist you with the execution of your Document in accordance with the laws of England and Wales. It is entirely your responsibility to follow such notes and to ensure that the Document is validly executed and we shall have no liability for your failure to properly execute your Document. A failure to do so will result in an invalid and unenforceable Document. We shall have no liability for the guidance notes or for the enforceability of any Document.

15.4. Future changes to the law may mean that your Document becomes out of date or obsolete and we cannot guarantee that the Document you produce will remain up to date, complete and accurate. It is not our responsibility to notify you of changes in the law or the impact of these changes on your Document and we shall bear no liability for this. The responsibility for future reviews of the terms of your Document rests with you.

15.5. We do not review the data you provide to create or generate a Document for the purpose of checking for legal accuracy, correctness, suitability or completeness other than where you have specifically requested this service and paid any fee due for this service. Where you have generated and produced a Document online we cannot accept responsibility for the appropriateness of the Document or that it will be suitable for your particular situation.

15.6. The Documents and Services are suitable for use in England and Wales only. If you live or have assets outside England and Wales then you should exercise caution when using any Document and/or Services as it may not be suitable and we shall have no liability for the suitability of the Document and/or Services.

15.7. We accept no liability and offer no warranty whatsoever for Documents which are made available to you to download from the Website free of charge.

15.8. We disclaim any and all liability to you for the supply of the Documents and our Services to the fullest extent permissible under applicable law. This does not affect your statutory rights as a consumer. If we are found liable for any loss or damage to you such liability is limited to the amount you have paid for the relevant Document or Service.

15.9. In no event shall we be liable to you for any loss of profits, loss of data or any indirect, special, or consequential loss.

15.10. The limitation of liability set out above does not apply to personal injury or death arising as a direct result of our negligence or any other liability which cannot be excluded or limited under applicable law.

15.11. We only supply the Documents and Services for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

16. Customer care

16.1. We strive to provide quality Services and Documents and hope you will be pleased with the work we do for you. We constantly seek to improve our service and we monitor our service standards.

16.2. We have a formal complaints handling procedure, a copy of which can be obtained on request. If you are unhappy about any aspect of the service you must in the first instance contact our Head of Legal Lorraine Robinson. Please contact Lorraine on [email protected] or by any other method of contacting us mentioned at 3.2. We will acknowledge your complaint within 5 days of receipt and then Lorraine will investigate the circumstances and write to you with the results of the investigation within 56 days of receipt of the complaint.

16.3. These terms do not prevent you from seeking other means of redress.

17. Other important terms

17.1. We may subcontract any part or parts of the Services and we may assign, novate or transfer any part or parts our rights and obligations under these terms and conditions to another organisation without your consent or any requirement to notify you.

17.2. We may alter or vary these terms and conditions and/or our Privacy Policy at any time without notice to you.

17.3. These terms and conditions together with our Privacy Policy, any order form and payment instructions constitute the entire agreement between you and us. No other terms whether expressed or implied shall form part of these terms and conditions. In the event of any conflict between these terms and conditions and any other term or provision on the Website, these terms and conditions shall prevail.

17.4. Any contract made for the Documents and/or Services is between you and us. No other person shall have any rights to enforce any of its terms. It is not intended that any of the undertakings and obligations set out in these terms and conditions shall be for the benefit of and capable of being enforced by any third party by virtue of the Contracts (Rights of Third Parties) Act 1999.

17.5. Each of the clauses of these terms and conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.

17.6. No delay or failure on our part to enforce our rights or remedies under these terms and conditions shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.

17.7. These terms and conditions and our Privacy Policy shall be governed by and construed in accordance with the laws of England and Wales. The parties hereto submit to the exclusive jurisdiction of the courts of England and Wales.

Part B: Farewill Trustees

1. These terms and conditions

1.1. These are the terms and conditions on which Farewill Trustees will act as an executor of an estate, an administrator of an estate with a will annexed or on intestacy.

1.2. Please read these terms and conditions carefully before you appoint Farewill Trustees as an executor of your will. These terms and conditions tell you who we are, how we will provide services to you, what to do if there is a problem and other important information. If you think that there is a mistake in these terms and conditions or require any changes, please contact us to discuss.

2. Definitions and interpretation

2.1. “Executor Services” means Farewill Trustees acting as an executor of an estate, an administrator of an estate with a will annexed or on intestacy, and administering that estate.

2.2. “we”, “us”, “our” means Farewill Trustees Limited.

3. Information about Farewill Trustees and how to contact us

3.1. Farewill Trustees is a trading name for Farewill Trustees Limited, a company registered in England and Wales under company registration number 11549490. Farewill Trustees is a subsidiary of Farewill. The registered office of Farewill Trustees is 7 Ability Plaza, Arbutus St, London, E8 4DT, UK.

3.2. You can contact Farewill Trustees by writing to [email protected] or by post at the address above.

4. Scale of fees

4.1. Where Farewill Trustees is providing Executor Services no fees are payable before the testator’s or intestate’s death.

4.2. For Executor Services Farewill Trustees will charge a scale fee. The minimum fee is £500, plus an additional fee taking into account the complexity of the estate and work required, up to a maximum total fee of £2750. The total fee is normally payable on issue of a grant of representation.

4.3. In the course of providing Executor Services Farewill Trustees may incur general expenses which will be charged in addition to the scale fee. General expenses may include solicitors’, other professionals, commercial agents charges, and Stamp Duty.

4.4. A reasonable additional charge may be made for dealing with a business, joint property, landed property, assets abroad, valuations, the compilation of accounts and HM Revenue & Customs forms, estates or other trusts with which the estate being administered may be concerned, attendances or other exacting administration duties.

5. Estate administration

5.1. Farewill Trustees will usually appoint a solicitor, or its own legal department, to perform legal work in connection with the estate and reserve the right to appoint a solicitor of its choice. And, where appropriate, to appoint such other professionals as it thinks fit. All expenses so incurred fall under general expenses payable in addition to Farewill Trustees’ fee.

5.2. Farewill Trustees may, in the exercise of any discretionary or other powers, act by its proper officers.

5.3. Farewill Trustees may at its discretion vest any property of the estate or trust in any person or corporate body as its nominee.

5.4. In any case where Farewill Trustees performs Executor Services jointly with another or others all money, securities, title deeds and documents, belonging or relating to the estate shall be under the control of Farewill Trustees; any other executor or administrator having all reasonable facilities for verification. The name of Farewill Trustees shall be placed first in the registers of all registered stocks, shares, securities or property.

5.5. Farewill Trustees will continue a trade or business or hold shares in a company with unlimited liability only with a view to realisation or distribution (unless it sees a good reason to the contrary) and on the terms that Farewill Trustees shall be indemnified against expenses and losses from the estate. Farewill Trustees shall not be under a duty to hold such shares in its own name and Farewill Trustees and its co-executors or co-administrators (if any) shall have power without any order of the Court to effect any disposition or transaction relating to any such sole proprietorship or shares which the Court would have had jurisdiction to authorise under s57 of the Trustee Act 1925 (as amended or replaced from time to time).

5.6. Farewill Trustees may effect insurances on behalf of the estate in respect of any risks which Farewill Trustees considers may affect the estate assets. The premiums for such insurance may be charged against estate income or estate capital as Farewill Trustees see fit.

5.7. Farewill Trustees shall be entitled to remuneration in accordance with its scale of fees in force at the date of death where Farewill Trustees is appointed executor by a will or acts as administrator under a will or intestacy. Farewill Trustees remuneration shall be free from all taxes and duties and a first charge on the estate. Farewill Trustees shall have power, if its standard scale of fees alters after the testator’s death to charge in accordance with such scale of fees in force from time to time. General expenses will be charged in addition to the scale fees.

5.8. Farewill Trustees fees and expenses will normally be payable out of estate capital. Farewill Trustees and its co-executors and co-administrators (if any) shall have discretion to charge such fees and expenses, in whole or in part, against income, or between different interests in income or capital.

6. Other important terms

6.1. Farewill Trustees does not provide legal advice on the preparation of wills.

6.2. Farewill Trustees may subcontract any part or parts of the Estate Services and we may assign, novate or transfer any part or parts our rights and obligations under these terms and conditions to another organisation without your consent or any requirement to notify you.

6.3. Farewill Trustees may alter or vary these terms and conditions at any time without notice to you.

6.4. We will use the personal information you provide to us to supply Estate Services.

6.5. We will only give your personal information to third parties where the law either requires or allows us to do so.

6.6. Each of the clauses of these terms and conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.

6.7. These terms and conditions shall be governed by and construed in accordance with the laws of England and Wales. The parties hereto submit to the exclusive jurisdiction of the courts of England and Wales.

These terms were last updated on 4 July 2018.