Terms and Conditions relating to the Wills Storage Service - Which?

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Terms and Conditions relating to the Wills Storage Service

  1. Terms and Conditions relating to your Use of this Website, the Product Selectors, Document Preparation Service and Legal Review Service
  2. Terms and Conditions relating to the Wills Storage Service
  3. Terms and Conditions relating to the Will Registration and Will Search Services
  4. Terms and Conditions relating to the Wills Premium Service

Terms and Conditions relating to the Wills Storage Service

The Which? Wills storage Service (the Service) offers safe, insured facilities to store your Will and any related documents. The Service will be provided to you under the following terms and conditions.

What we will do

We will:

  • securely store your Will together with any related documents (such as codicils) for as long as you pay the annual fee;
  • process your Will at our Hertford office before sending it to a secure storage facility where it will be kept until you request retrieval of it or your agreement with us ends; and
  • release the Will to your executor/s following receipt of two valid, certified copies of ID, and a valid copy of the death certificate to which the will relates.

What you will need to do for us

We will send you a Will pack containing:

  • A secure storage wallet (Storage Wallet) and tamper proof sticker;
  • A Personal Information and Direct Debit form;
  • A return envelope to Which? Wills; and
  • These Terms & Conditions

(together the Will Pack).

Once you have reviewed and completed the documents within the Will Pack you will need to place your Will and / or related legal document into the Storage Wallet and seal it with the tamper proof sticker.

You will need to provide us with the following information:

  • Your name, contact address, date of birth and telephone number(s);
  • The names, addresses, dates of birth and telephone numbers of at least one of the executors named in your Will; and
  • Your Direct Debit details (unless you have already provided these to us over the phone)

It is your responsibility to update us with any changes to your contact details and those of the executors to your Will.

By returning your sealed Storage Wallet, you are agreeing to these Terms & Conditions.

What can your Storage Wallet contain?

Your Storage Wallet is designed to hold your paper documents such as Wills and codicils.

If we reasonably suspect that you have used your Storage Wallet for dangerous or illegal purposes we reserve the right to reject, open and/ or destroy your Storage Wallet and its contents without further notice to you.

Your Storage Wallet is personal to you. Only you (during your lifetime) and your executors (after your death) are entitled to request the retrieval of your Storage Wallet. For this reason, you must not place wills, documents or items belonging to other people in your Storage Wallet.

Paying for your storage

Payment for the Service is to be made by Direct Debit annually (Annual Fee). We will take your first payment as agreed with you and then annually in advance on or around each anniversary of the date we collect your first payment. Your subscription will automatically renewed at the end of each subscription year unless you cancel your subscription in accordance with these terms and conditions. We will write to you in advance of the renewal date to remind you that your subscription is due to renew.

You may retrieve your Will or other documents from storage at no additional cost to you once each year. We charge a £10 retrieval fee for each subsequent retrieval in each calendar year.

We require any codicils to be stored in the same Storage Wallet as the Will to which the codicil applies. If you need to retrieve your Will to add your codicil to the Storage Wallet, we will not charge you the Retrieval Fee.

What happens if you don't keep up payments?

Should you fail to pay the Annual Fee, we reserve the right to return the Will to you. We will always try to verify your location before returning a will to you.

What happens if we can't contact you?

If we are unable to contact you using the details you provided we will attempt to contact your named executor/s. If this is not successful we will attempt to locate you using the Electoral Roll. We reserve the right to open your Storage Wallet and review the contents to try to confirm the identity of you or your executors.

If you stop paying the Annual Fee and we are unable to verify your location by the means outlined above, we ultimately reserve the right to destroy your Will.

When can we open the Storage Wallet?

Your documents are held in confidence. We will not open your Storage Wallet unless we reasonably believe that it is necessary to perform the Service or otherwise as permitted under these terms and conditions.

Our liability

We will not take copies of your documents or check the contents of your Storage Wallet. We strongly advise you to check and keep copies of your documents and maintain your own insurance policy to protect against their loss or destruction. You remain in control of your Storage Wallet until it has been received at our Hertford office and we will not accept liability for any loss or damage while your Storage Wallet is in transit.

If your documents are lost or destroyed due to our actions, we will compensate you up to the maximum amount of £250.

We will not accept liability for:

  • late arrival or delivery of your Storage Wallet contents;
  • indirect or consequential loss (including a third party claiming loss of entitlement under a Will)
  • any errors in the information supplied to us;
  • loss or damage to your Storage Wallet contents when it is not in our control.

Variation

We may need to change these terms in the future. We will write to you with at least 6 weeks' notice if these terms are changing so that you can decide whether to continue the Service.

Cancelling the Service

Your contract with us for the Service will be made when we receive payment from you (the Contract Date). This will either be;

  1. the day you provide your Direct Debit details by phone; or
  2. the day we receive your Direct Debit details where you post these to us with your Will Storage Pack (we will contact you to let you know when this is).

You may cancel the Service within 14 days of the applicable Contract Date (the Cancellation Period) by emailing support@whichwills.co.uk, by calling 01992 822 803, by writing to us at Which? Limited, One Castlepark, Tower Hill, Bristol BS2 0JA, or by using the cancellation form available on our website.

Should you wish to terminate the Service after the Cancellation Period, you will need to inform us by email, letter, telephone or via the online cancellation form and give us at least 30 days' notice. Please do not cancel your Direct Debit until we have confirmed your request to terminate.

If you end the Service during the first year (but after the Cancellation Period), you will not receive a refund. If you end the Service in any subsequent year, you will receive a pro rata refund of any amount paid for the remaining unused months (at a rate of £2.08 per month).

Please be aware that we are only able to release the Will to you or your executor/s following receipt of two valid, certified copies of ID, and, in the case of your executor(s), a valid copy of the death certificate to which the Will relates. Following a valid retrieval request by your executor(s), we will automatically terminate the service and return any pro rata refund to your account.

If you temporarily retrieve your Will from us but do not return it within five months and you do not notify us of your intention to return the Will, we will assume that you no longer wish to continue and will terminate the Service. We will not terminate without first attempting to contact you by letter, email or telephone.

We reserve the right to terminate this agreement by giving you 60 days' written notice. If we need to terminate, for any reason, we will ensure your Will is returned to you as set out in these terms. If we terminate this agreement, you will receive a pro rata refund for the remaining unused months.

OTHER INFORMATION

How will we process your data?

We will process any personal data that you provide us with in accordance with our privacy policy: https://www.which.co.uk/privacy-policy/which-privacy-policy/.

About us:

The Service is provided by Which? Limited (company registration no:  677665 and registered office: 2 Marylebone Road, London NW1 4DF).

Applicable Law:

These terms and conditions are governed by English law.