Terms and Conditions
- Terms and Conditions relating to your Use of this Website, the Product Selectors, Document Preparation Service and Legal Review Service
- Terms and Conditions relating to the Wills Storage Service
- Terms and Conditions relating to the Will Registration and Will Search Services
- Terms and Conditions relating to the Wills Premium Service
Terms and conditions relating to your use of this Website, the Product Selectors, Document Preparation Service and Legal Review Service
These terms and conditions apply to all persons using the Which? Wills website ("the Website") and provide the terms for any contract between you and us if you purchase any products or services offered on the Website including those set out in section 2 below ("User Services") . It is important that you and anyone else intending to use the Website or create a Document through the User Services has read, understood and accepted these terms and conditions before using the Website or making any purchases.
By using the website or creating a document through the user services you acknowledge that you accept all parts of these terms and conditions and confirm that any other person who will create a document as a result of a purchase made by you through the website ("other party") is agreeable to and accepts all parts of these terms and conditions. You should not proceed to use the website, user services or create a document unless you and any other party are agreeable to and accept these terms and conditions. We recommend that you print and keep a copy of these terms and conditions for your reference. If you have any questions, then please contact us using the details in section 3 below.
The Website and the User Services are provided by Which? Limited (see section 3 below for company details). Which? Wills is a trading name of Which? Limited. Reference in these terms and conditions to 'we', 'our' or 'us' is a reference to Which? Limited.
Payment for user services will be made through Sage Pay. The payment details that you provide when making a purchase will go directly to Sage Pay and won't be received by us.
2. Services available through the Website ("User Services")
(i) The Website provides access to the three User Services detailed below:
A. Document Preparation Service
The website provides a document preparation service ("Document Preparation Service") designed for use by persons who do not have complicated legal requirements and uses a document assembly and drafting system to create a document ("document"). You will be asked a series of questions and the answers you give will automatically generate the content of the document. Therefore it is essential that you provide the correct information (this includes information in relation to the identity of any parties or signatories, their age or capacity). You must carefully check that the final document produced is correct and fully reflects your wishes.
The Document Preparation Service creates documents that are suitable for use in a specific jurisdiction: (i) England and Wales, (ii) Northern Ireland or (iii) Scotland. You should make sure that you select a document for the appropriate jurisdiction for you and should not use a document in a jurisdiction other than the one it was intended for. For the avoidance of doubt all, documents will be provided in the English language.
If you have any doubts about the suitability of a document for your particular requirements and circumstances, you should take professional legal advice before you create, use, sign or execute a document.
Which? may, where it considers it reasonable to do so, refuse to release to you a document prepared through the Document Preparation Service. In these circumstances we will notify you and refund any payment you have made.
The responsibility rests with you to make any future reviews of your document to ensure that changes in your circumstances, the law, or applicable taxation have not rendered the terms of your document inappropriate. We will accept no liability in this regard.
B. The Will Selector and Power of Attorney Selector ("Product Selectors")
The Product Selectors provide general assistance to help you determine whether a Document may be suitable for you. The Product Selectors cannot take account of all your specific circumstances and accordingly we do not guarantee that the Document you select will be suitable for your needs.
C. Legal Review Service
Once a document has been drafted using the Document Preparation Service, you will have the option to send it electronically to be reviewed (the "Legal Review Service"). Where you have purchased a number of documents as a pack, the Legal Review Service may only be available for some, but not all, of the documents within that pack. The documents within the pack that can be sent for Legal Review will be indicated in the product description provided for the pack.
1) What the Legal Review Service will and will not provide
(a) What we will do:
We will review the answers that you provided when you used the Document Preparation Service to check that the document you have created complies with required legal formalities (once properly signed or executed) to be acted upon in the future (for example by executors named in a will).
Where the Document is a will ("will") this means we will:
- Check that the will complies with the required legal formalities to affect your stated wishes and instructions and is capable of being a legally binding document (if it is subsequently properly executed by you). In particular we will check that you have provided sufficient detail of the beneficiaries and the items you want to leave in your will for your executors to be able to distribute your estate;
- Check for contradictions;
- Check for typographical errors (we cannot however be responsible for identifying errors in the spelling of names, addresses and place names).
We will use reasonable care and skill when providing the Legal Review Service. However we will not be responsible for identifying all errors that you may have made when using the Document Preparation Service to create the document, or for ensuring that the document created is suitable for your needs.
Where we think that the document may require attention, for example if we can see that you may have made an error, or we need to discuss comments that you have made when using the Document Preparation Service, we may contact you by telephone or by email to clarify or discuss your requirements or intentions. We will not (unless it is necessary to address the specific part of the document that we have contacted you about) engage in discussions in relation to other parts of the document created. Following any such contact we may, where we deem it appropriate and necessary and with your agreement, make amendments to the document.
(b) What we won't do:
The Legal Review Service should not be relied on as legal advice, and you should seek specialist legal advice if you have any concerns on the suitability of the user services for your purposes, or what to include in your will. The Legal Review Service will not:
- Certify that the document is suitable for your specific circumstances.
- Investigate your circumstances beyond the information disclosed by you to us via the user services.
- Verify any of the answers that you provide or the identity of the people named in your Document.
- Provide any tax advice (including in relation to inheritance tax).
- Where the document is a codicil ("codicil"), include a review of the will being amended by the codicil; or verify that the existing will complies with required legal formalities; or that when the codicil is properly executed the amended will could be acted upon in the future.
- Include a review of any Documents purchased as part of a pack of Documents that were not eligible for the Legal Review Service.
- Supervise or check the proper signing process/execution of the document. Please note when a document is created using the Document Preparation Service we will provide you with written guidance on signing/witnessing the document when your document is made available to you. If you do not follow the instructions we provide, the document may not be valid, and where applicable may not be registered by the relevant registration authority. The services provided by any registration authority (for example registration of a Power of Attorney) do not form part of the user services and are thus not connected with the Which? Wills Service, so we accept no responsibility for such registration services.
- Undertake any ongoing advice or future changes to the document.
- Confirm that you have the requisite mental capacity needed to make the document. Please seek written confirmation from a doctor if you believe that your mental capacity may be challenged - for example in the case of a will where you think those hoping to benefit from your will could challenge that you had the requisite capacity.
- Provide any form of ongoing review, or notify you of, or make or recommend changes to your document in light of future changes to the law or taxation that may affect it. Where the document created is a will, it is recommended that you have it reviewed regularly - at least every 2-3 years - to ensure that it still meets your requirements.
If you are concerned about any of the above exclusions, or if you have complicated circumstances (as set out on the Website and the Will Selector tool), we recommend that you seek advice from a solicitor and/or tax specialist.
2) Completing the Legal Review Service
We aim to complete the Legal Review Service within seven to ten working days of receiving your document, although during times of high demand for our services it may take longer and we will not be liable in respect of any failure to meet any specified deadline or completion date.
If you have not received your document within ten working days from submitting your document for review, please contact us at email@example.com.
We may at our discretion offer to provide an expedited Legal Review for an additional fee. If you require an expedited service please contact us and we will confirm whether we will be able to review your document by the date required and the fee that would apply.
If it is essential that a document is reviewed by a specific date we recommend that you check if we will be able to offer an expedited service that meets your requirements before purchasing the document in question.
(ii) Data you provide relating to another person
(iii) Accessing and executing your final document
Where you have created a document that does not include the Legal Review Service, your document will be available to access once you have completed the Document Preparation Service process and made payment. Where you have purchased the Legal Review Service, your document will be made available once this service has been completed (as detailed above this may, where necessary, include dialogue with you).
You will be provided with instructions on how to sign or execute the document in accordance with the law of the chosen jurisdiction. It is your responsibility to ensure that any document is properly executed in accordance with any instructions that are provided to you. If you do not follow the instructions we provide, a document may not be valid and, where applicable, may not be registered by the relevant registration authority. The services provided by any registration authority (for example registration of a Power of Attorney) do not form part of the user services and are not connected with the Which? Wills Service and we accept no responsibility for such registration services.
We may store any document that you create through user services for a period of time, and you consent to us doing so when you accept these terms and conditions. However, any such document will be deleted after a period of time and we therefore recommend that you promptly download your final document, make suitable arrangements for the storage of your will and ensure that your executors have details of where the will is stored.
(iv) Changes to products or services
We reserve the right to withdraw or amend the products and services we offer on the website without notice. From time to time, we may restrict access to some parts, or all, of the website without notice. If you are in the process of creating a document when a material change is made to it, you will be entitled to request a refund of any sum you have paid for that document if you decide that no longer want it.
(v) Engaging third parties to provide the User Services
We may engage the services of third parties to provide or assist us in providing user services to you and any other party. You agree that we may pass on to such third parties that we engage for this purpose, any data or information that you provide to us when using the user services. By using or purchasing a user service you confirm that you have also obtained the consent of anyone that you (or any other party) have provided data and information about when using the Document Preparation Services to their data being passed on to a third party in the way described above.
3. Your use of the Website
(i) Content provided on the Website
We aim to update the Website regularly and may change the content at any time without notice. However, we do not guarantee that the information provided on the Website is up-to-date, complete and accurate at any given time.
Unless otherwise indicated, all rights (including but not limited to copyright) in the design, text, graphics, software and other content and materials on the Website ("Content") are owned or controlled for these purposes by Which? Limited or its licensors. Parts of the content on the Website include public sector information licensed under the Open Government Licence v1.0. Rapidocs Software featured on the Website is: © Epoq Group Ltd. 'RAPIDOCS', and its respective logo, are either UK registered trademarks or other trademarks of Epoq Group Ltd.
(ii) Third party content and linking
There may be links from the Website to other websites operated by third parties. We do not have control over the nature or accuracy of content on these websites.
You should not establish a link to the Website from any other website without our prior written consent.
(iii) Availability of the Website
Reasonable efforts will be made to keep the Website available for use. However we can't guarantee the Website will be available all the time.
If you are having problems accessing the Website, then please contact us using the details in section 4 below to see what we can do to help.
(iv) Viruses, security and your use of the Website
Due to the nature of the internet and the possibility of third party interference, the Website is not guaranteed to be free of all viruses and technical defects of any description or any forms of computer misuse. We will not be liable for any damage or loss caused by such third party interference as a result of your use of the Website.
We recommend that you take back-up copies of your data and appropriate precautions to protect your computer systems against technical defects, viruses or computer misuse.
Any user identification code, password or any other piece of information forming part of our security procedures ("Security Details") should be kept confidential and should not be disclosed to any third party. You should log out when not using the Website to prevent unauthorised access. Please notify us at firstname.lastname@example.org if you suspect any unauthorised use of your Security Details.
4. Other Important Information
(i) Cancellation and refunds
You have the right to cancel this contract within 14 days without giving any reason. This cancellation period will expire 14 days after you make payment. You will, however, lose the right to cancel if the service is fully performed during the cancellation period.
If you have purchased a self-service document the service is fully performed when the progress bar displayed when using the Document Preparation Service indicates that the document you are creating is 100% complete (a "completed document"). If you cancel before creating a completed document we will provide you with a full refund; after that point no refund will be due.
If you have purchased a document with Legal Review, the service will be fully performed when the Legal Review has been concluded by us. If you cancel before creating a completed document we will refund you in full. If you cancel before we have concluded the Legal Review of a completed document, we will retain the amount we would have charged you had you purchased the document on a self-service basis and will refund the remainder of the payment you made. We will also send you the completed document (un-reviewed).
Please note, we endeavour to conclude a Legal Review within a maximum of five days of a completed document being submitted for review. It is however possible that the Legal Review may be completed sooner and at this point you will no longer have the right to cancel.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
(ii) Solicitor/client relationship
No solicitor/client relationship is established by use of the Website or the User Services. Sending or receiving information through the Website does not establish a solicitor/client relationship.
(iii) Limits on our responsibility and liability
The following provisions set out our entire financial liability for direct or indirect loss (including any liability for the acts or omissions of our employees, agents and sub-contractors).
We will not have any responsibility for the following:
- verifying your authority or capacity to create a document, or your answers, or any information given by you when using the Document Preparation Service;
- except where you have purchased the Legal Review Service, proofreading data you have supplied for typographical errors. Where you have purchased the Legal Review Service we will not be responsible for identifying typographical errors that are not obvious;
- any alterations made by you or on your behalf to a Document once it has been made available to you, save where we have agreed to undertake changes to the Document after it has been made available to you and a fee has been agreed and paid for us to do so;
- supervising or checking the due and proper execution of any Document;
- any use of a Document or execution of a Document by a person or entity outside of the chosen jurisdiction;
- any document that has not been created through the User Services;
- providing any legal advice in relation to any document. Consequently we shall not be responsible for any adverse consequences if you use any document without taking appropriate legal advice about its suitability for your particular circumstances;
- undertaking any future review of any document, or for providing any ongoing advice - legal or otherwise - as to the continued effectiveness for legal, taxation or any other purpose of any document;
- any damage or loss you may suffer as a result of your use of a third party's website that we have provided a link to from this website;
- any damage or loss suffered as a result of any unavailability of the website;
- loss or corruption of data or information caused by any computer virus or technical defect transmitted through your use of the user services or in any email transmission;
- any delays or failure in performance under these terms and conditions resulting from acts beyond our control, including but not limited to acts of God, acts or regulations of any governmental or supranational authority, war or national emergency, terrorist activities, accident, fire, electricity failure or power cuts or server malfunction.
With respect to a will or a codicil, in addition to the above, we have no responsibility and will accept no liability for verifying:
- the identity of the testator;
- that the testator is over 18 years of age;
- the testamentary and/or mental capacity of the testator;
- whether the testator or any other person was subject to any undue influence when using the Document Preparation Service;
- whether the testator knew, understood and approved the contents of their will or codicil;
- whether there were or might be any actual or potential third-party beneficiary(ies) who might have a claim in law against the estate; or
- that an existing will being amended by a codicil created through the user services complies with required legal formalities, or that when the codicil is properly executed the amended will could be acted upon in the future.
With respect to a power of attorney, in addition to the above, we have no responsibility and will accept no liability for verifying:
- the capacity of the donor; or
- whether the donor was subject to any undue influence when using the Document Preparation Service.
If we are held liable to you for any loss or damage arising from a breach of these terms and conditions and/or negligence, such liability shall in all cases be limited to the payment of an amount not exceeding £50,000, including costs and expenses.
Nothing in these conditions shall affect your statutory rights as a consumer.
(iv) Keeping a record of your Document
We will retain any details that you provide and documents that you have created using the Document Preparation Service in electronic form for as long as is necessary for us to provide the relevant service and for our own legal and administrative purposes. If you try a document for free, this may be deleted and will no longer appear in 'My documents'. We do not provide a storage service for any document that you create through the user services, and may delete such document after a period of time. We recommend that you promptly download your final document and make suitable arrangements for its storage. Also ensure that anyone that you are expecting to take action on the document (for example the executors named in a will) has details of where the document is stored.
(v) Third-party rights
No person other than you (such as any beneficiary of a will) has any right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these terms and conditions, but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
(vii) Recording and reviewing calls and emails
We (or companies acting on our behalf) may record and review telephone calls or emails to enable us to monitor quality standards and for training purposes.
(viii) Modifications to these terms and conditions
We reserve the right to change the terms, conditions, and disclaimers under which the website or any user service is offered. Any such changes made by us shall not alter the terms that applied to purchases you made, or your use of the user services, before the date of the change.
(ix) Governing law and jurisdiction
These terms and conditions and any non-contractual obligations arising out of or in connection with these terms and conditions are subject to the law of England and Wales and any disputes will be dealt with exclusively by the Courts of England and Wales.
Any provision of these terms and conditions that is declared void or unenforceable by any competent authority or court shall, to the extent of such invalidity or unenforceability, be deemed severable and the other provisions of these terms and conditions shall continue unaffected.
(x) Website Access facility
We have a facility that enables us to access your account, or any Documents you have created or started, and perform actions as if we were you. We will only ever use that facility when it is necessary in order to action a support request that you have made to us, whether by email or by telephone. You consent to us using this facility in this way when you accept the terms and conditions. By accepting the terms and conditions, you also agree to comply with the instructions we may give you to ensure that the use of this facility is effective. For the avoidance of doubt, we shall not ever, unless you are on a telephone call with us at the time and specifically provide your consent, use this facility to accept any contractual terms or other legal acknowledgements, or to make any payments, on your behalf.
(xi) Contacting us and complaints
You can contact us at:
- Which? Wills, Castlemead, Gascoyne Way, Hertford, SG14 1LH
- Email: email@example.com
- Telephone: 01992 822 803
If you are unhappy about any aspect of the User Services, then please let us know by contacting the Manager of Which? Wills using the above contact details.
We will usually respond to your complaint within seven working days.
Which? Wills and the website are operated by Which? Limited, a subsidiary company of the Consumers' Association.
|Name:||Consumers' Association||Which? Limited|
|Registered address:||2 Marylebone Road, London, NW1 4DF||2 Marylebone Road, London, NW1 4DF|
|Registered in:||England and Wales||England and Wales|
|Company type:||Limited by guarantee||Private limited company|
The Consumers' Association is a registered charity under number 296072.