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.
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.
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.
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.
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:
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.
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:
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
You can cancel by calling 0117 456 6023 or by emailing email@example.com.
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.
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.
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:
With respect to a will or a codicil, in addition to the above, we have no responsibility and will accept no liability for verifying:
With respect to a power of attorney, in addition to the above, we have no responsibility and will accept no liability for verifying:
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.
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.
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.
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.
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.
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.
The personnel in our team changes from time to time, but whatever the qualification of the person who advises you, the level of advice and service you receive will be the same.
Which? Limited (including Which? Wills)is an unregulated organisation but some of our advisers are themselves individually regulated. Solicitors are regulated by the Solicitors Regulation Authority (SRA) and they follow the SRA Code of Conduct (sra.org.uk/handbook). Barristers are regulated by the Bar Standards Board (BSB) and follow the BSB Code of Conduct (barstandardsboard.org.uk/for-barristers/bsb-handbook-and-code-guidance.html). Legal Executives are regulated by the Chartered Institute of Legal Executives (CILEx) and follow their Code of Conduct (cilexregulation.org.uk/code-of-conduct).
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.
If you're unhappy with our service, please contact us. We will inform you of our complaints procedure and get back to you within 10 working days.
If we can't resolve things and if you have been advised by a regulated adviser, you could refer your complaint about that adviser to the Legal Ombudsman:
You should make your complaint to the Legal Ombudsman within 6 months of our complaints handling process finishing.
The Ombudsman won't accept a complaint if:
We are required by law to provide you with details of one of the approved alternative dispute resolution schemes. Although Which? Legal is not currently signed up to its services you can find details of one of these, Ombudsman Services, at ombudsman-services.org.
If you have a complaint about the professional conduct of any of our regulated advisers, you can also refer the complaint to their regulator. If you want to check if a particular adviser is regulated, please get in touch.
As Which? Legal and Which? Limited (including Which? Wills) are not regulated by the Solicitors Regulation Authority (SRA), you will not be able to make a complaint about Which? Legal or Which? Limited to the SRA or make a claim on the SRA compensation fund. This is a discretionary fund maintained by the SRA for making grants to people whose money has been stolen, misappropriated or not been accounted for by a regulated person or organisation, or for those who have suffered a loss against which a regulated person or organisation should have been insured under the SRA rules, but was not.
We do have professional indemnity insurance which meets the compulsory minimum levels of insurance the SRA require regulated firms to have in place to protect clients in case something goes wrong. The European online dispute resolution (ODR) platform can be accessed here: ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN. This can be used for resolving disputes about products and services purchased online.
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.