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MyIntent terms and conditions for will-writing services

Standard terms in the Client Care Letter sent for electronic signature to every user of the Will Instruction Service who wishes to proceed to order will-writing services

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Written by Jonathan Brewer
Updated over 4 months ago

1. The Service you are ordering and who you will receive it from

1.1. You are ordering the preparation of a Basic Will (or, if you are ordering a Will for each member of a couple, two Basic Wills that mirror each other).

1.2. We will review the information you submitted in the Online Will Interview and email you a Review Ticket through which we will communicate with you and you may track progress.

1.3 If you have completed the video recordings in the MyIntent Online Interview and, having reviewed those recordings we are satisfied we can carry out the Responsibilities of your Legal Advisor at 8 below without a video appointment, we may at our discretion proceed to email your Basic Will and Letter of Advice.

1.4 If paragraph 1.3 does not apply, or for whatever reason we deem appropriate, then we will invite you to book a free video appointment of a maximum of 30 minutes (or 45 minutes if you request a paid joint appointment for you and your partner) through our MyIntent Calendly system, either

1.4.1 with our own MyIntent Legal Team; or

1.4.2 with one of the law firms on our panel that has agreed with us to provide you with free advice in the appointment and, subject to you becoming its client on its terms, has agreed with us to prepare a Basic Will for you on the same basis as set out below, and

1.4.3. where you do book an appointment as at 1.4.2. with a panel law firm then that firm will become your Legal Advisor for the purposes of our Terms of Service and this Letter and we will transfer your information to that law firm under the data protection provisions at 11 below.

1.5. Under the MyIntent scheme, a Basic Will is designed to be, at a minimum, adequate for your needs based on your circumstances and wishes declared through the MyIntent Online Will Interview and the video legal appointment.

1.6 A Basic Will may not provide as much protection for your estate and beneficiaries as could be achieved with more sophisticated or more detailed legal drafting.

1.7. In the video appointment your Legal Advisor will therefore advise you when additional steps or additional services will be in the best interests of you, your estate or your intended beneficiaries including in relation to the issues highlighted to you in the MyIntent Online Will Interview. You may accept that advice and order the additional services, or decline.

1.8. Your Legal Advisor will not supply a Basic Will or any Will to you if they consider it is likely to be inadequate for you, your estate or your intended beneficiaries.

1.9. Subject to your Legal Advisor's advice (and, if your Legal Advisor is a panel law firm and not us, subject to you becoming their client as at 1.4.2 above), they will prepare the Will you order from them and send it to you by email for execution in accordance with their instructions.

1.10. While will writing is not a regulated activity it is important for you to note that all our panel legal firms are regulated by a regulator authorised by the Legal Services Board apart from us, MyIntent: our Legal Team is led by a Solicitor who is regulated but we are not a regulated organisation. If we become your Legal Advisor through this Letter then you will not have recourse to a regulator if you feel we have done something unprofessional or unfair. If you were to become unhappy with our service and we could not resolve your complaint, you would be able to complain to the Legal Ombudsman. We also have £2million of professional indemnity insurance to respond to any claims made against us. Therefore, if you feel it is important that you only receive advice and your Will from a regulated organisation, then you should not sign this Letter and you should contact us so that we may assist you to make suitable arrangements.

2. When our Service will end

2.1. If you do not within 30 days of receipt of an invitation book a video appointment with us, or

2.2. If you fail to attend a video appointment you have booked with us and have not rescheduled prior to the starting time of that appointment, or

2.3. When we inform you for whatever reason we are unable to send you a draft Will, or

2.4. When we send your draft Will to you for you to execute in accordance with our instructions, or

2.5. When you book an appointment with the law firm from our panel we have introduced you to so they become your Legal Advisor,

whichever is sooner (the End Date).

3. What the Charges are

3.1. The Charge for the online service resulting in preparation of a Basic Will by your Legal Advisor for a single person is

3.1.1. £249 including VAT,

3.1.2. But if you are a supporter of charity that is a customer of MyIntent and you registered for the MyIntent service through that charity’s landing page on the MyIntent Website then the Charge is Nil (£0).

3.2. The Charge for the online service resulting in preparation of two Basic Wills for a couple where the Wills mirror each other is

3.2.1. £349 including VAT,

3.2.2. But if you are a supporter of charity that is a customer of MyIntent and you registered for the MyIntent service through that charity’s landing page on the MyIntent Website then the Charge to also prepare a Basic Will for your partner that mirrors your Basic Will is £175 including VAT.

3.3. Where you request additional steps or legal services that are not included in a Basic Will then a quote will be provided by your Legal Advisor during the first appointment and confirmed by email for the Charges in addition to the cost of a Basic Will.

3.4. Neither we nor our panel legal firms will charge you any fees in addition to any Charge applicable for the Basic Will without providing a quote that you accept.

4. When the Charges are payable

4.1. Charges will be invoiced either by us or the panel legal firm as applicable after your video appointment (or after we review your circumstances and wishes and determine a video appointment is unnecessary as at 1.3 above) and must be paid by you before your Will is emailed to you.

4.2. Where you order additional steps or legal services that are not included in a Basic Will then those Charges will be added to the Charge for a Basic Will in the invoice.

5. When you may cancel and your right to a refund

5.1. The specific process for cancelling an order you make from a panel legal firm will depend on that firm's terms and conditions that you agree to when you make an order for a Will or other legal service with them but you will always have the right to cancel your order and receive a refund for any paid services within 14 days of ordering those paid services under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

5.2. Where you order paid services from us, then

5.2.2 that 14-day period starts when you have paid the invoice at 4.1 above:

5.2.3. you may exercise your right to cancel by emailing us.

5.2.4. in the event you cancel your order within the 14 days then we may charge you a proportion of the fee to reflect the work and tasks we have already undertaken.

5.2.5. in the event you ask us to make your draft Will for which you have paid available to you as a digital download and you do download within the 14-day period then you agree to waive your right to cancel.

5.2.6. in the event you ask us to print and post your Will for which you have paid within the 14-day period and we agree to print and post it and do so within the 14-day period then you agree to waive your right to cancel.

6. What a Basic Will does include

6.1. A revocation clause to ensure any previous Wills you have made are rendered null and void.

6.2. If you wish, a funeral wishes clause.

6.3. An executor clause to appoint people to administer your Will after your death and to become trustees of the Will trust of your residuary estate, plus a backup if your first choices are unable or unavailable.

6.4. A guardian clause for children under 18, if applicable, providing that all your children under 18 have the same other parent and you are appointing the same guardian for all those children, plus a backup if your first choice is unable or unavailable.

6.5. If you wish, clauses leaving a gift to charity, either of cash or a percentage of your estate.

6.6. A Will trust simply leaving everything you own (known as your residuary estate) to one person, or a group of people and a backup in case those primary beneficiaries die before you.

6.7. Definitions and Standard Provisions of the Society of Trust and Estate Practitioners.

6.8. Separate to the Will, a plain English explanation of the clauses.

7. What a Basic Will does not include

7.1. Any drafting or advice that will require your Legal Advisor to spend more than 30 minutes with you in a video appointment or 45 minutes if you attend a joint appointment with your partner.

7.2. A revocation clause drafted to ensure your foreign Will is not adversely impacted, nor any other drafting required to deal with assets abroad.

7.3. A guardian clause where you have children under 18 from different relationships and/or you wish to appoint different guardians for different children.

7.4. A non-provision clause or any other steps to reduce the risk of someone you intend to leave out of your Will successfully challenging it after your death, including where you are separated or divorced without a Financial Consent Order.

7.5. Specific gifts of individual personal possessions, residential or commercial or foreign properties, business assets or cash to specific people (rather than those items being included in the gift of your residuary estate).

7.6. Trusts (other than the Will trust of your residuary estate), including but not limited to Life Interest Trusts (including severance of a joint tenancy), Discretionary Trusts and Disabled Persons’ Trusts.

7.7. The supervision of your execution of your Will or confirmation that it has been validly executed.

and for each of those more detailed and complex provisions, additional fees will be chargeable by your Legal Advisor.

8. The responsibilities of your Legal Advisor

8.1. It is their responsibility to prepare and supply you with a Will that reflects your circumstances and wishes so that it does adequately meet your needs and will be valid providing you execute it correctly.

8.2. It is therefore their responsibility to ensure they have the information necessary to carry out those responsibilities.

8.3. Using your answers to the MyIntent Online Will Interview, they will consider your circumstances and wishes and review these, if necessary, directly with you in the video appointment.

8.4. They will consider whether you have the testamentary capacity to make your Will.

8.5. They will consider whether you are or have been unduly influenced by anyone else.

8.6. They will only supply you with a Will if in their professional opinion:

8.6.1. you understand the significance and effect of a Will and the extent of your property,

8.6.2. the decisions you are making are your own,

8.6.3. the Will you have ordered from them adequately meets your needs.

8.7. They will advise you on issues if they identify them that might impact your estate or your beneficiaries but that you might not have known to ask about.

8.8. They will email your Will to you for you to download and print.

8.9. They will not print and post your Will to you unless they explicitly agree to do so, for which an additional fee may be payable.

8.10. They will provide you with instructions for how you must execute your Will.

8.11. They will not supervise the execution of your Will unless they explicitly agree to do so, for which an additional fee may be payable.

8.12. They will not check you have executed your Will correctly unless you return it to us and they agree for you to do so, for which an additional fee may be payable.

8.13. They will not store your validly executed Will under this Agreement; if you require storage that may be provided under a separate agreement.

9. Your responsibilities

9.1. As stated, your Legal Advisor will consider the answers you provided in the MyIntent Online Will Interview and may ask you more questions in the video appointment to gather the information from you that they need to understand your needs and prepare a Will to meet them.

9.2. If you failed to answer a question asked in the MyIntent Online Will Interview that did apply to you and you do not tell your Legal Advisor or if any answer you have given in the MyIntent Online Will Interview or do give to your Legal Advisor is inaccurate or misleading, then the Will they draft and send to you might also miss something important or be inaccurate. If that is the case, then they are not responsible for that omission or inaccuracy in your Will or the consequences for your intended beneficiaries.

9.3. It is therefore your responsibility to:

9.3.1. ensure you have answered all questions in the MyIntent Online Will Interview that you know or ought reasonably to have known apply to you,

9.3.2. to ensure that your answers are as complete and accurate as possible.

9.4. If you are in any doubt about any answer you did or did not provide in the MyIntent Online Will interview or think there may be something else your Legal Advisor should know about your circumstances or your wishes then you must tell them before you execute your Will.

10. Things you must consider before attending the appointment

10.1. All appointments take place over video and will be recorded and transcribed for your Legal Advisor's records in accordance with their Privacy Policy which will be provided to you before you book the appointment.

10.2. You will need to ensure you have your camera on and working for the duration of the appointment. If your camera stops working at any point during the appointment, you will need to re-schedule to continue at another time.

10.3. If you cancel your appointment more than once, or fail to attend your appointment more than once, then your Legal Advisor shall not provide you with another appointment and they may email you to say they are unable to send your Will to you.

10.4. You will need to ensure that you arrange your video appointment for a time when you are able to fully concentrate on the appointment and what is being explained. Please try to avoid where possible moving from one location to another during the legal appointment.

10.5. It is not appropriate to be eating a meal or making phone calls or messaging during the appointment and where your Legal Advisor feels they do not have your full attention during the appointment they may stop that appointment and ask you to rearrange for a more convenient time where these factors will not be an issue.

10.6. Please note that you must be alone for a video call unless it is a joint appointment with your partner in which case the only other person present must be your partner.

10.7. If you need the assistance of someone else to set up the video call, they must then step out of the room for the duration of our appointment.

10.8. If you book a joint appointment with a spouse or partner, your Legal Advisor may if you both wish us to, conduct one video appointment with you both provided that:

10.8.1.1. Information received from one of you cannot be treated by your Legal Advisor as confidential so far as the other is concerned; and

10.8.1.2. If a conflict develops between you, your Legal Advisor may not be able to continue to act for either of you.

11. Your data

11.1. Our handling of your data is governed by our Privacy Policy and the Terms of Service you agreed to when registering on MyIntent, a reminder of which you can read at https://help.myintent.life/en/collections/748238-terms-conditions-and-policies.

11.2 Where you choose to book an appointment with a law firm, and not with us, as at 1.4.2. above, then you authorise us to transfer your data to that law firm for it to receive under the terms of its Privacy Policy, which we shall provide to you at the time of booking, and for it to advise you in the free video appointment and, if applicable, prepare your Will for you.

12. What to do if you are not happy with our Service

If your complaint is about the panel legal firm you book your appointment with, then you must raise your complaint with that firm. Otherwise, our complaints policy is in the Terms of Service at the link above. In the first instance, please email [email protected]

13. Governing law and jurisdiction for any dispute

13.1. This Agreement is governed by and construed in accordance with English law.

13.2. The courts of England and Wales shall have non-exclusive jurisdiction to hear and determine any suit, action or proceedings, and to settle any disputes, which may arise out of or in connection with it.

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