Farewill online wills: our terms and conditions

View all terms | Farewill Trustees terms

Version number: 4.0

Version date: 16 Jul 2026

Please read these terms carefully before buying our service, to make sure we’re the right choice for you. If you’re unsure or have any questions about our service, please contact us.

Your document (as defined in the section The words we use in these terms) is for your personal use only and cannot be bought for any third party or for resale. If you buy a document for a third party or resell it, or use the document as a template to make a revised version of the document we won’t be liable for that document.

Contents

1. These terms and your document
2. How to contact us
3. How we’ll contact you
4. The words we use in these terms
5. Who can buy an online will
6. What’s included
7. Document review
8. Additional services
9. Subscription update service
10. Will storage service
11. What’s not included
12. Your responsibilities in ordering and using our service
13. Appointing Farewill Trustees
14. Data protection and privacy
15. Our liability
16. Price and payment of your will
17. Voucher codes and promotions
18. How you can cancel
19. How we can cancel
20. Will file requests
21. Insurance
22. To make a complaint, get in touch with us

These terms and your document

We’re Farewill Ltd., registered in England and Wales at 4 King Edwards Court, King Edwards Square, Sutton Coldfield, West Midlands, England, B73 6AP (company number 09701947). Farewill Ltd is part of Dignity Group Holdings Limited (company number 04569346). These legal terms are between you and Farewill Ltd., and the laws of England and Wales apply.

If we cannot resolve a dispute using our complaints procedure, or by mediation (where appropriate), then the courts of England and Wales will settle it, and English and Welsh law will apply to the interpretation of these terms and any dispute arising out of or on the basis of these terms.

We may change our terms and service, or stop providing our service, to reflect changes in law or regulation, or to make minor adjustments or improvements. If we do, we’ll let you know using the contact information you give us. And if you spot something that doesn't look right, please get in touch.

Where you’ve been unable to progress using our online service, our telephone service may be more appropriate. Where you use our telephone service, the telephone wills terms and conditions will apply.

How to contact us

If you need to talk to us about anything to do with your document, including changing your details, please contact us.

Email us at [email protected]

Phone us on 020 8050 2686

Send a letter to 4 King Edwards Court, King Edwards Square, Sutton Coldfield B73 6AP

How we’ll contact you

We’ll contact you in English using email, phone or post to your home address. If any of these contact details change, please let us know as soon as possible.

All our emails are from individuals or the team they’re in, followed by the domain @farewill.com. But please be wary of any spam emails claiming to be from us, and if you’re not sure, contact us using the details above.

The words we use in these terms

When we say “document”, we mean a document that you prepare when using our service, which is capable of being used as a will.

“Will Storage Service” means the optional service under which Farewill arranges for the storage of your original will with a third-party storage provider.

“Stored Will” means an original signed will submitted to Farewill as part of the Will Storage Service.

“Storage Provider” means the third-party provider appointed by Farewill to store Stored Wills on its behalf.

When we say “Regulations” we mean the Provision of Services Regulations 2009 and Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

We’ll use the words “we”, “us” and “our” to refer to Farewill Limited.

When we say “you”, “your”, “I” and “my”, we mean the person that has bought the service.

Who can buy an online will

You need to:

• Be 18 or over
• Be able to independently navigate the online journey to create your document
• Be able to read and understand the documents we send you without assistance
• Require a document capable for use as a will in either England (including Isles of Scilly and Isle of Wight) or Wales
• Be a permanent resident in the United Kingdom

You won’t be able to buy an online will from us in some circumstances, which include but are not limited to: agricultural property, business assets, assets you have outside of the United Kingdom requiring specialist advice, or if you have complicated circumstances or require specialised tax advice (including in relation to inheritance tax).

Paying for your document means that you agree to these terms and have read and understood our privacy policy. We accept your order when you pay, and at this point a contract is formed between you and us. Unless we both agree otherwise, our contract will terminate automatically once we’ve provided the service to you. Our service is provided to you when (i) your document is available for download; or (ii) the period of updating your document for free ends, whichever is later. If you purchase the Will Storage Service, these terms will continue to apply to that service for as long as we store your Stored Will.

What’s included

• Access to the online journey so you can write your document
• Access to guidance to help you to write your document
• Guidance and support from our team to help you navigate the online journey and to complete your document
• A review of your document as explained below in the section Document Review
• A document in English that you have written for use as a will in either England (including Isles of Scilly and Isle of Wight) or Wales
• A document capable for use as a will emailed or posted to you with signing instructions and the guidance outlined above
• If you purchase the Will Storage Service, we will arrange storage of your original signed will in accordance with the Will Storage Service section of these terms.

Our service includes a document preparation service. You will be asked a series of questions on the online journey and the answers you give will automatically generate the content of your document. It is really important that you provide correct and accurate information to us, for example about the people or organisations you would like to benefit from your will. It is your responsibility to check the document to ensure it is correct and fully reflects your wishes.

Document review

The document review is not substantive, is not legal advice and should not be relied on as legal advice. We will not be responsible for identifying all errors or for ensuring the document is fit for your own purpose(s).

You prepare your own individual document when using our service. If you are part of a couple and your partner prepares their own document with us, your document will be reviewed individually and not with your partner’s document. If you require a couples will (also known as a mirror will) or if you are part of a couple and wish for your document to be reviewed together with your partner’s document, please use our telephone service.

The document review will check for:

• Typographical errors (except for dates of birth, addresses, place names and/or other text where it would not be reasonable for us to know whether these are correct or incorrect)
• Contradictions
• Whether your stated wishes and instructions are compliant, clear and unambiguous

Where the document review flags that the document needs further information or additional input from you (for example, in the case of a contradiction or typographical error), we will either (i) highlight this to you when the document is available for download; or (ii) contact you directly to clarify or discuss what further information or additional input is required from you. You can then make further amendments to the document and resubmit it to us for document review.

Additional services

From time to time, we may offer additional services (such as printed documents, a subscription based update service, bundle service packages or other enhancements to our core services (“Additional Services”). The details and costs of these Additional Services will be displayed to you when you pay for your document, or at other relevant times in the sales process. If we need to increase the price of Additional Services, we’ll let you know at least 30 days in advance using the email associated with your account, letting you know the new price and how to cancel. If you do not cancel, we will automatically take payment at the new price.

The Will Storage Service is an Additional Service and is subject to the Will Storage Service section of these terms.

Some Additional Services may be subject to different payment terms, renewal periods, or service start dates.

We may remove Additional Services at our discretion. If an Additional Service is removed and you have already paid for it, we will either continue providing it until the end of your current billing period or provide a pro-rata refund, where applicable. Where an Additional Service is included as part of a package (such as a bundle service package) and the service begins immediately upon purchase, you will still have the right to cancel that part of the package within 14 days of purchase, where that service is eligible for cancellation under Regulations.

If you cancel within this period, we will refund the portion of the payment that relates to the cancelled service in full, provided that the service has not been substantially used or delivered in full.

This does not affect your right to cancel other eligible services included in the package. However, certain parts of a package, such as personalised services that have been fully delivered, are exempt from cancellation once provided, in accordance with applicable Regulations.

Where you cancel an individual service that forms part of a package, we will refund you the portion of the payment that corresponds to that service, and the remainder of the package will remain unaffected.

Subscription update service

As an Additional Service, we may offer you a subscription based update service (“Subscription Update Service”) which allows you to make changes to your online will after it has been made available for download using your online account.

If you purchase the Subscription Update Service, the following terms will apply:

• The cost of the Subscription Update Service is the price stated on our website at the time of purchase.
• You have 30 days to subscribe for the Subscription Update Service starting from the date on which you pay for your will (the “Subscription Window”).
• You can purchase the Subscription Update Service during the online checkout flow, through your Farewill account or by contacting us at [email protected].
• If you do not purchase the Subscription Update Service during the Subscription Window and you wish to make changes to your will after the date which falls 30 days from the date on which you paid for your will, the Subscription Update Service will not be available to you.
• Voucher codes do not apply to the Subscription Update Service.
• After you have purchased the Subscription Update Service, you have 14 days from the date of purchase to cancel and receive a full refund, provided you have not used the service to make any updates to your will during that time. If you do use the service within the 14-day period and wish to cancel, we reserve the right to reduce the refund to reflect the value of the service provided up to the point of cancellation.
• At the end of each year, the Subscription Update Service will automatically renew for 1 year periods unless you give us notice that you wish to cancel the Subscription Update Service before 11.59PM (UK time) the date before the renewal date, in which case we will not charge you and the Subscription Update Service will no longer be available to you.
• Before each renewal, we will send you a reminder at least 14 days before renewal, using the email associated with your account, letting you know the renewal terms, price, and how to cancel.
• You can opt out of the automatic renewal anytime before the renewal date through your Farewill account or by contacting us at [email protected]. We will treat your subscription as ending at this point and you won’t be charged again.
• The Subscription Update Service does not allow you to make changes to your will which are outside of the online wills scope of service. For example, the Subscription Update Service does not give you the ability to make changes which can only be made through our telephone wills service (e.g. setting up a trust).

Will storage service

If you purchase our Will Storage Service, we will arrange for the storage of your original will with a third-party Storage Provider selected by us.

Sending your will to us

To use the Will Storage Service, you must send your original signed will to us in accordance with the instructions we provide. Unless we expressly agree otherwise, your will must be sent in a sealed envelope marked with the reference number we provide.

You are responsible for:

• ensuring that your will has been signed and witnessed in accordance with the signing instructions provided;
• ensuring that the correct document is sent to us for storage;
• ensuring that any reference number or other information we ask you to include with your will is provided; and
• retaining a copy of your will before sending it to us.

We recommend that you use a tracked postal service when sending your will.

We are not responsible for any loss of or damage to your will before it is received by us.

Our role

Our will storage service is a document storage service only.

Unless we expressly tell you otherwise, we will not open, inspect, review, verify or assess the contents of any sealed envelope received from you. We may, however, open a sealed envelope where we reasonably consider it necessary to provide the Will Storage Service or comply with our legal or regulatory obligations.

We do not verify:

• whether a will has been properly signed or witnessed;
• whether a will is legally valid;
• whether a will accurately reflects your wishes;
• whether a document sent to us is your most recent will; or
• whether a document sent to us is suitable for storage.

Our acceptance of a will for storage does not amount to confirmation that the will has been validly executed, accurately reflects your wishes or is legally effective. This applies whether your will is received in a sealed envelope, an unsealed envelope, or whether we open the envelope for any reason.

Storage and records

Where we receive a sealed envelope for storage, we may record administrative information relating to that envelope, including your name, reference number, the date we receive it and details of its transfer to our chosen Storage Provider. We may also supply these details to the Storage Provider.

In providing the Will Storage Service, we and our Storage Provider may process personal information contained in or associated with a Stored Will in accordance with our privacy policy.

We may rely on the information provided by you in connection with the Will Storage Service. You warrant that any Stored Will submitted to us belongs to you and that you are entitled to submit it for storage.

You must notify us promptly if your contact details change.

Cancellation

You may cancel the Will Storage Service at any time by contacting us.

If you cancel before we have received your Stored Will, we will refund any storage fee you have paid.

If you cancel after we receive your Stored Will, we will use reasonable endeavours to return it to you within a reasonable time, subject to our identity verification requirements and receipt of any information or documentation we reasonably require. The Will Storage Service will end once your Stored Will has been returned.

Except where you are entitled to a refund under applicable law, any refund of the storage fee will be at our discretion.

Ending the Will Storage Service

We may terminate the Will Storage Service by giving you reasonable notice. Where we do so, we will make reasonable arrangements to return your Stored Will to you or otherwise deal with it in accordance with these terms.

If we are unable, after using reasonable endeavors, to contact you or any person we reasonably believe is entitled to receive a Stored Will, and have retained the Stored Will for a reasonable period of time, we may continue to retain it, destroy it or otherwise deal with it as we reasonably consider appropriate and in accordance with applicable law.

Replacement wills

If you send us another will for storage, you must tell us which version you want us to store. Unless you instruct us otherwise, we may store all versions you submit. You are responsible for ensuring any previous will is revoked, replaced or otherwise dealt with in accordance with applicable law. We do not determine which version is your operative will.

If you update your will using our Subscription Update Service or otherwise prepare a replacement will, it is your responsibility to send us the new original signed will if you wish it to be stored.

Storage fee

Our storage fee is charged on a per-document basis. Each original will submitted for storage requires a separate storage fee, including any replacement will submitted after an earlier will has been placed into storage, unless we agree otherwise.

We may charge reasonable administrative fees where additional work is required in connection with the Will Storage Service beyond its standard operation. We will tell you the amount of any such fee before you incur it.

Release of stored wills

During your lifetime, we may require evidence of your identity before releasing your will to you or to a person authorised by you. 

Following your death, we may release your Stored Will to any person we reasonably believe is entitled to receive it, including an executor, personal representative or solicitor acting on behalf of your estate. Before doing so, we may require such information and documentation as we reasonably consider necessary, including but not limited to evidence of death, proof of identity and evidence of authority or entitlement.

We may delay or refuse release of a Stored Will where there is a dispute regarding entitlement, where we reasonably believe doing so is necessary to comply with applicable law, a court order or a request from a regulatory authority, or where we reasonably suspect fraud or unlawful activity.

Liability

The general liability provisions in the "Our liability" section of these terms apply to the Will Storage Service except where this section provides otherwise.

We may change our Storage Provider from time to time and are responsible only for exercising reasonable care and skill in selecting and appointing any Storage Provider.

To the fullest extent permitted by law, we are not liable for any loss (including any indirect or consequential loss) arising from or in connection with the Will Storage Service except to the extent caused by our failure to exercise reasonable care and skill. This includes, but is not limited to, loss arising from: 

• the contents of any sealed envelope;
• any defect in the execution, validity or effectiveness of a will;
• any inaccuracy in information or instructions provided by you; or
• any failure by you to provide us with your latest will or to notify us of any replacement or revocation of a Stored Will;
• the condition or deterioration of a Stored Will;
• any defect, damage or deterioration that existed before we received the Stored Will;
• any act or omission by you or any person authorised by you.

We are not responsible for reviewing, updating or notifying you that your Stored Will may no longer reflect your wishes or the law. It is your responsibility to keep your will under review and provide us with any replacement will you wish us to store.

If we return or release a Stored Will by post, risk passes to the recipient on delivery.

What’s not included

• A document capable for use as a will outside of England (including Isles of Scilly and Isle of Wight) and Wales
• Legal advice on writing your document. We are not a law firm and are not registered or regulated by the Solicitors Regulation Authority. There is no lawyer-client relationship between us, and although some of our team are qualified solicitors and as such are regulated, these individuals do not provide legal advice to customers. Their role is limited to the management and training of the wills team.
• An assessment or certification by us that our service is right for you. After reading these terms and our guidance, including the online suitability questions, you should satisfy yourself that our service meets your requirements and is satisfactory for your purposes and any legal requirements
• Verification, investigation, advice or checks by us
  • that the answers that you give are accurate and true
  • that you will be treated as domiciled in one of England (including Isles of Scilly and Isle of Wight) and Wales at the time of your death
  • on your identity, those named in your document or those that sign it
  • on your testamentary and/or mental capacity or those that sign your document. Please seek written confirmation from a doctor if you believe that your testamentary and/or mental capacity may be challenged
  • on whether you are or were subject to any undue influence when using our service or signing your document
  • on whether you knew, understood and approved the contents of your document
  • on how to mitigate the risk of any actual or potential third party beneficiary claims of whatever kind against your estate
• Specialised tax advice (including in relation to inheritance tax)
• Supervising or checking the signing process/execution of your document
• Joint document checks for couples wills (also known as mirror wills) or other wills submitted by couples
• Storage of the signed will, unless you have purchased the Will Storage Service.
• Any ongoing guidance
• Future changes to your will (unless otherwise agreed between us)

Your responsibilities in ordering and using our service

If you require any of the services detailed above in ‘What’s not included’ or have complicated circumstances, our online wills service is unlikely to be right for you. We recommend that you get in touch with us to understand if you may be eligible for our telephone wills service. If you are not eligible for our telephone wills service, then you should seek advice from a Solicitor and/or tax specialist. We’re not liable or responsible if you proceed with our service where it is not fit for your own purposes.

You must provide us with accurate and true details about who you are and your estate. You agree not to mislead us or misrepresent who you are. Where you are prompted for your telephone number(s), date of birth, a valid email address and/or valid residential address (which are necessary to complete your document), you’ll need to provide that.

During the course of using our service, you agree that you are the only individual providing information to us and that information is your own.

It is your responsibility to follow the signing instructions available to you and ensure that your document is signed in compliance with the law. You should not make any written alterations to your will after it is signed. If your document is not signed properly, it is likely to be invalid and unenforceable as a will and written alterations may not be effective. We won’t have any liability to you if you don’t sign your document, sign it incorrectly, make written alterations or fail to follow the signing instructions.

Future changes to your circumstances, the law, taxation or regulation may mean that your will could become 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, taxation or regulation, or the impact of these changes on your will. You are responsible for future reviews of the terms of your will to ensure it is up to date, complete and accurate and we won’t be liable for this.

Appointing Farewill Trustees

Where you appoint Farewill Trustees Limited in your document to act as an executor and trustee of your estate, The terms Farewill Trustees Limited: our terms and conditions, will apply. Please read these terms carefully.

Data protection and privacy

Our registration number with the Information Commissioner’s Office is ZA258663. We collect, store and use your personal information to provide and manage your service. For information on how we do this, see our privacy policy. You can find this online at www.farewill.com/privacy. If you’d like a paper copy of our privacy policy, just let us know.

You may supply information about another person or other people to us when you make your document. You confirm that you have their permission to pass on their details, including any sensitive data to us and that they agree to us holding and processing their information and data. Data provided to us will be processed in accordance with our privacy policy.

Our liability

AS A REMINDER, WE PROVIDE GUIDANCE NOT LEGAL ADVICE, WE ARE NOT A LAW FIRM AND WE ARE NOT REGISTERED OR REGULATED BY THE SOLICITORS REGULATION AUTHORITY. ALTHOUGH SOME OF OUR TEAM ARE REGULATED, THERE IS NO LAWYER-CLIENT RELATIONSHIP BETWEEN US AND YOU.

Nobody apart from you (such as any beneficiary of a will) has any right under the Contracts (Rights of Third Parties) Act 1999 to enforce any part of these terms and conditions. This does not include any other right or remedy that a third party may have under law.

We're liable or responsible for any foreseeable loss or damage we cause you. Foreseeable means it's obvious it'll happen or, if at the time we made the contract, we both knew it might happen.

We’re not liable or responsible for losses caused by factors outside of our control or losses that are not a direct consequence of our failure to exercise reasonable skill and care in providing our services. So you won’t be able to claim against us if your losses resulted from circumstances that we couldn’t or shouldn’t have been expected to know about.

We do not exclude or limit in any way our liability to you, where it would be unlawful to do so. This includes our liability for death or personal injury caused by our negligence, for fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law.

We’re not liable or responsible for verifying, investigating, advising on or checking:

• Your identity
• The identity of those named in your document or those that sign your document
• Your age
• Your testamentary and/or mental capacity or the capacity of those that witness your document
• That the answers that you give us are accurate and true
• That you will be treated as domiciled in one of England (including Isles of Scilly and Isle of Wight), and Wales at the time of your death
• Whether you were subject to undue influence when using our services
• Whether you knew, understood and approved the contents of your document
• How to mitigate the risk of any actual or potential third party beneficiary claims of whatever kind against your estate
• Specialised tax advice (including in relation to inheritance tax)
• That the document you make will remain in line with changes to your circumstances, the law, regulation or taxation
• Future changes to the will (unless otherwise agreed between us)

Nothing in these conditions shall affect your statutory rights as a consumer.

Price and payment of your will

The price you pay for your online will service and any Additional Services is the price that is communicated to you when you make your order. You may use a voucher code, provided it is valid.

Subject to sections How you can cancel, and How we can cancel, we don’t provide refunds if you decide not to sign your document.

Voucher codes and promotions

We work with several partners, such as charities who through our partnership, enable customers to benefit from a discounted or free service. We may also provide voucher codes to customers directly (for example, to share with friends and family).

If you use a voucher code associated with a partner, we will share some of your personal data with that partner in accordance with our privacy policy and they will become an independent data controller of your personal data. You may also see prompts and/or information during the sales process which relates to the partner associated with the voucher code. We may benefit from a fee if you have been referred to us by a partner. Please ask us if you would like further details.

Voucher codes are non-transferable, non-refundable, cannot be resold or otherwise exchanged for cash, are subject to fair usage and their use may be subject to the partner’s additional terms. A Voucher code does not automatically entitle you to access our service as use of our service always remains subject to these terms. A valid voucher code can be used by inputting the voucher code details during the sales process. The voucher code must be redeemed by you prior to you paying for the service. Only one voucher can be used per sale.

Sometimes we may run promotions for our services, including with our charity partners. We’ll set out the terms of these in any promotional material.

How you can cancel

Your document

As a consumer you have legal rights in relation to your document created using our online service. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these terms will affect these legal rights.

Usually, under the Regulations, you have the right to cancel any contract made over the internet within the first 14 days of the contract being made.

Prior to you receiving the document for download you have the right to cancel the service without giving any reason.

However, due to the personalised nature of the document and document review the cancellation right no longer applies once you have received the document for download. By purchasing our service, you agree that we may begin the document creation process immediately and acknowledge that you will lose your right to cancel once the document is made available for download.

If you cancel prior to you receiving the document for download, we will refund the payment you made for the document, as detailed below.

Additional services

Where you have the right to cancel Additional Services see the ‘Additional Services’ section above.

To cancel please email us at [email protected]

For your right to cancel the Subscription Update Service, see the ‘Subscription Update Service’ section above.

For your right to cancel the Will Storage Service, see the ‘Will Storage Service’ section above.

How we can cancel

We reserve the right to withdraw or amend the service, including all Additional Services, for a material reason (something significant that impacts the service). Where we can, we’ll aim to let you know the reasons why in advance.

We may cancel or suspend our service if we believe you’ve:

• broken the terms of this agreement
• put us in a position where we might break the law
• broken the law or attempted to break the law
• given us false or inaccurate information at any time
• been abusive to anyone at Farewill
• told us information which means in our reasonable opinion that our service is not right for you

If we cancel your access to the service, we’ll refund you any money that you’ve paid to us.

There may also be times where our service is delayed or we cannot provide our service to you because of an event outside our control. If that happens, we’ll aim to contact you as soon as possible to let you know and we’ll take reasonable steps to minimise any effects of the delay.

Will file requests

There may be occasions when you, your personal representative(s), or another party requests a copy of a will file, draft will, or related document. Please note that we can only fulfill such requests in very limited circumstances.

If we are able to help, we may charge a reasonable fee for processing the request. We will provide details of the cost before proceeding, and you must make the payment in full before we provide the requested documents to you.

This section does not apply to requests for release of a Stored Will under the Will Storage Service. Requests for release of a Stored Will will be dealt with under the Will Storage Service section of these terms.

Insurance

We have professional indemnity insurance in place. Please get in touch with us if you’d like further information on our insurance levels.

To make a complaint, get in touch with us

We have a complaints policy which we can share with you on request.

To complain, email us at [email protected]

We’ll let you know as soon as we receive your complaint and outline the next steps. Your complaint will be handled by a dedicated member of our team.

Within 3 working days, they will contact you, introduce themselves and explain what we are doing to resolve your complaint. If we need to look into things further, they will respond to your complaint no longer than 8 weeks from our first acknowledgment of your complaint.

If you need extra help, we may also involve a qualified solicitor from our team. They are regulated by the Solicitors Regulation Authority.

If we can’t resolve things together, you could refer your complaint about that team member to the Legal Ombudsman:

Website: legalombudsman.org.uk

Phone: 0300 555 0333

Minicom: 0300 555 1777

Email: [email protected]

Address: Legal Ombudsman, PO Box 6806, Wolverhampton WV1 9WJ

Before accepting a complaint for investigation, the Legal Ombudsman will check that you have tried to resolve your complaint with us first. If you have, you must take your complaint to them within six months of receiving a final response to your complaint from us, and within one year from the date that:

• you first made your complaint about the act (or failure to act); or
• you should have known about the act (or failure to act) that your complaint is about.

We are required by law to provide you with details of one of the approved alternative dispute resolution schemes. Although we’re not currently signed up to its service you can find details of one of these on the Legal Ombudsman Services website: www.ombudsman-services.org.

Farewill Trustees Limited: our terms and conditions

Version number: 2.0

Version date: 1 August 2023

Contents

1. These terms and your document
2. How to contact us
3. The words we use in this document
4. Who can appoint us as an executor and trustee
5. What do we need to be able to provide our Executor Services?
6. What happens when I die?
7. Following our assessment of your estate
8. Fees
9. Data protection and privacy
10. How you can cancel

These terms and your document

We’re Farewill Trustees Limited, registered in England and Wales at 4 King Edwards Court, King Edwards Square, Sutton Coldfield, B73 6AP, UK, under company number 11549490. These legal terms are between you and Farewill Trustees Limited and the laws of England and Wales apply.

If we cannot resolve a dispute using our complaints procedure then the courts of England and Wales will settle it and English and Welsh law shall apply to the interpretation of these terms and any dispute arising out of or on the basis of these terms.

How to contact us

If you need to talk to us about anything including changing your details, please contact us.

Email us at [email protected]

Phone us on 020 8050 2686

Send a letter to 4 King Edwards Court, King Edwards Square, Sutton Coldfield, B73 6AP, UK

The words we use in this document

We’ll use the words “we”, “us” and “our” to refer to Farewill Trustees Limited.

When we say “you”, “your”, “I” and “my”, we mean the person that has appointed us as executor and trustee in their document.

When we refer to “Executor Services” we mean Farewill Trustees Limited acting as an executor and trustee of your estate; or where Farewill Trustees delegates its responsibilities to another party, that party acting as an executor and trustee of your estate.

Who can appoint us as an executor and trustee

To appoint us as executor and trustee, you need to:

• Be 18 or over
• Be able to independently navigate the online journey to create your document and appoint us as executor and trustee
• Be able to read and understand the documents we send you without assistance
• Require a document capable for use as a will in either England (including Isles of Scilly and Isle of Wight) or Wales
• Be a permanent resident in the United Kingdom

What do we need to be able to provide our Executor Services?

• A copy of all pages of the final signed will
• A copy of your death certificate
• A copy of identity documents of those notifying us of the death
• A copy of identity documents of any co-executors

You should inform your family or next of kin what we need in order to provide our Executor Services and let them know to get in touch with us when you die. They will need to contact us:

Email us at [email protected]

Phone us on 020 3695 1713

Please note that your family or next of kin arranging a funeral with us is not a sufficient notification for us to provide Executor Services.

What happens when I die?

• On your death and when we receive the documents above, we’ll undertake a free initial assessment of your case to determine whether it is necessary for us to provide Executor Services. The initial assessment includes:
  • Whether probate is required and it’s appropriate for us to act as executor and trustee
  • Review of any disputes in connection with the estate
  • The value of the estate and likely taxation of the estate, taking into consideration whether it’s proportionate to have a professional executor and trustee
  • Whether there are any children who are likely to benefit from the estate
  • Whether the will includes one or more trusts
  • If there has been a request for us to step down as executor and trustee and/or there is a suitable alternative person who is willing to act as personal representative and trustee (for example a beneficiary)
• Where our assessment results in us deciding that we’re not the right service, we will step down as executor and trustee and complete any documentation needed to facilitate this at no charge
• Where we can act, we (or another party appointed by us) will provide Executor Services

Following our assessment of your estate

If we step down as executor and trustee as we’ve assessed that your estate does not require a professional executor and trustee and there is an alternative appointment

We’ll complete any documentation needed to facilitate us stepping down as executor and trustee and there will not be any charge to your estate.

If we step down as executor and trustee and your nominated representative opts to use Farewill’s probate service

We’ll complete any documentation needed to facilitate us stepping down as executor and trustee and there will not be any charge to your estate.

However, your estate will be required to pay for Farewill’s probate services. Farewill offers fixed-fee prices for its probate services and the fixed-fee that will be quoted will be based on the complexity of your estate.

If we continue to act as executor and trustee

Where we or a Farewill group company provide Executor Services directly, these Executor Services will be subject to the terms and conditions in place at the time of your death and will include terms and conditions substantially similar to those in the section Where we continue to act as executor and trustee below. Such terms and conditions will be shared with your nominated representative and/or residuary beneficiaries prior to the commencement of any work.

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

If we continue to act as executor and trustee and we appoint a third party to assist us with the administration of your estate

Where we appoint a third party to provide some or all Executor Services, these will be subject to the terms and conditions of the third party in place at the time of your death.

Fees

If we step down as executor and trustee as we’ve assessed that your estate does not require a professional executor and trustee and there is an alternative appointment

There will be no charge.

If we step down as executor and trustee and your nominated representative opts to use Farewill’s probate services

There will be no charge for us stepping down as executor and trustee.

However, your estate will be required to pay for Farewill’s probate services. Farewill offers fixed-fee prices for its probate services and the fixed-fee that will be quoted will be based on the service selected and the complexity of your estate.

If we continue to act as executor and trustee

Where we or a Farewill group company provide Executor Services directly, these Executor Services will be subject to the fees in place at the time of your death. Such fees will be shared with your other appointed executors (if any) and/or residuary beneficiaries prior to the commencement of any work.

The fees will include:

• Farewill’s fixed-fee price for its complete probate service. This will be quoted based on the complexity of your estate
• A fixed administrative fee for us continuing to act as executor and trustee

By way of a guide you can find details of our current probate service, fees and quoting tool at our website www.farewill.com/apply-for-probate.

If we continue to act as executor and trustee and we appoint a third party to assist us with the administration of your estate

Where we appoint a third party to provide some or all Executor Services, these will be subject to the third party fees in place at the time of your death. Such fees will be shared with your other appointed executors (if any) prior to the commencement of any work.

We will also charge a fixed administrative fee for continuing to act as executor and trustee.

Where we continue to act as executor and trustee

We will usually appoint a Solicitor to perform legal work in connection with the estate.

What you agree we can do

• We reserve the right to appoint a Solicitor of our choice and where appropriate, to appoint such other professionals as required
• Our directors and/or other officers may act on our behalf in carrying out our duties and making any discretionary decisions arising either out of these terms or on the basis of applicable law.
• We may, at our discretion, vest any property of the estate or trust in any person or corporate body as its nominee

Where we’re appointed as co-executor and trustee of your estate

Where we perform 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 us or any other executor who needs to undertake verification of applicable documents.

Trading, doing business and holding shares

We will continue a trade or business or hold shares in a company with unlimited liability only with a view to realisation or distribution (unless we see a good reason otherwise) and on the provision that we shall be indemnified against expenses and losses from the estate.

We shall not be under a duty to hold such shares in our own name and Farewill Trustees Limited and any co-executors or co-administrators 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).

Insurance

We may put in place insurance cover(s) on behalf of the estate in respect of any risks which we consider may affect the estate assets. The premiums for insurance cover may be charged against estate income or estate capital as we see fit.

Data protection and privacy

Our registration number with the Information Commissioner’s Office is ZA533678. We collect, store and use your personal information to provide and manage your service. For information on how we do this, see our privacy notice. You can find this online at www.farewill.com/privacy. If you’d like a paper copy of our privacy notice, just let us know.

How you can cancel

Prior to your death, you can make a new will to appoint a new executor and trustee.

After your death, if your other appointed executors (if any) and/or residuary beneficiaries don’t want us to act as executor and trustee, they will need to get in touch with us to let us know at [email protected].

If we’ve started to provide our services before stepping down as executor and trustee, then some fees for the services we’ve provided up to the date of stepping down may be payable.