Terms of Business
Terms of Business
DEFINITIONS USED
The ‘Company’, shall mean Sovereign Planning who is a trading name of Sovereign Europe SL.
The ‘Client’ shall mean anyone instructing the Company for the provision of Will Writing Services.
“Will Writing Services” shall mean the provision of Wills, Lasting Powers of Attorney, Trusts, Funeral Plans, Severance Documents and other ancillary documents, services and advice as required or given as part of the Estate Planning process.
“Estate Plan” shall mean the overall review of your requirements, including Will Writing Services, inheritance tax planning, funeral planning and other ancillary services.
“Documents” shall mean Wills, Lasting Powers of Attorney, Severance documents or any other legal document produced as part of the Will Writing Services defined above (iii)
At the initial appointment, we will consult with you to determine what you wish to achieve through your Estate Plan. Your instructions will be taken, and we will provide our advice and opinion on all matters relating to your Estate Plan requirements.
Once your instructions have been taken, we will create a draft version of all appropriate documents relating to your Estate Plan and these will be emailed to you.
We will provide you with a full explanation of the terminology used in your Estate Plan documents.
Once you are satisfied with the draft documents, we will provide you with final versions for your signature and witnessing (known as “attestation”).
THE COMPANY WILL:
Comply with your instructions with reasonable skill, care and expedition appropriate to your needs.
Provide you with the best advice on matters relating to the Will Writing Services. In certain circumstances, this may mean that we advise on drawing up several other documents or further action to be taken, which may attract additional fees. In such circumstances, you will be made fully aware in advance of these documents and fees and at no time are you obligated to proceed. We reserve the right to ask you to sign a declaration document stating that you are choosing to act against us’ advice.
At all times, maintain the strictest of confidentiality. We will never pass your details to any other organisation or individual without your express written permission unless legally required to do so. Where we do work with 3rd party companies for specialist legal document production, we will let you know in advance and clearly explain why this is a necessary action.
Comply fully to the spirit and wording of the General Data Protection Regulation (GDPR), April 2016
The signing of your documents must be carried out according to the law of England and Wales in order for them to be valid. In the circumstances that your Will is produced to be carried out in Scotland, signing of your documents will be in accordance with, Scottish Law to be valid. All documents will be supplied to you with full written instructions on how to attest them correctly.
The Company will not take responsibility for ensuring your documents’ validity. The signing of your Documents must be carried out according to the law of England and Wales in order for them to be valid. All Documents will be supplied to you with full written instructions of how to complete.
Refund any money paid in respect of your Estate Plan’s preparation should you change your mind within 14 days from the date of taking your instructions. After this period’s expiration, the Company reserves the right to charge you for the advice given and for any work already carried out on your behalf and following your instructions. You will be provided with an itemised invoice for any charges.
When offering a Will storage service, the Company does not accept any liability or obligation to advise you of any changes in legislation or taxation, which may affect you either directly or indirectly. That may necessitate a review of your Documents. Our best practice guidelines recommend an Estate Plan review every five years and on the occasion of any material change in your circumstances, such as divorce, marriage, the birth of children or the inheritance of a large sum of money etc.
When the Company cannot legally or practically follow the client’s instructions, explain any differences between the client’s instructions or expectations and the documents and/or services actually provided.
Where you have chosen to purchase Lasting Power of Attorney documents, there may be an external charge payable to the Office of the Public Guardian (OPG) for the registration of these documents. The fee can range from £0 – £82 per document and is payable at the time of registration. The fee is variable as it is means-tested and will dependant on your current situation and individual circumstances at the time of registration. The Company does not cover any OPG fees nor have any influence on the application fee.
THE CLIENT AGREES TO:
To disclose all relevant facts and answers to all the questions asked to allow the Company to provide accurate advice and to produce an effective set of legal Estate Plan documents. The Company shall not accept liability in respect of the information that was not disclosed. Therefore, it is not documented by the person taking your instructions, which comes to light at a later date as being of relevance and may affect the validity or content of your Documents or advice given.
To pay the fee due for Will Writing Services’ provision in full unless a payment plan has been agreed.
When using the Company’s attestation service, arrange for all witnesses to be present at the time of the execution of your Will and signing of the Documents.
DUTY OF CARE
The Company is committed to providing you with a high-quality service. An essential part of that service is that we will communicate effectively with you to keep informed progress. We will explain any technical jargon so that the client can demonstrate their understanding of what has been advised.
During the consultation meetings, our advisors are required to make a judgemental decision regarding mental capacity. They should any concerns be raised then we will advise accordingly and stop the Will Writing Services.
The Company is committed to providing a high-quality service to our clients. When something goes wrong, we need to know about it to help resolve the issue.
If you are not happy with any aspect of the Company’s service, please contact our customer service team on 0800 810 1095 or email support@sovereignplanning.co.uk with full details of your complaint. This will be acknowledged by email or phone call within 3 working days and investigate your complaint’s circumstances before reply with the investigation results within a further 28 days.
If the matter is unable to be resolved to your satisfaction, you may refer it to your local Trading Standards Department or an independent Solicitor.