Terms & Conditions

A-Will-According-to-the-Law

Introduction

  1. The terms and conditions relating to the obligations of you and the company in relation to the service contracted for are contained within the client care letter/letter of engagement that is sent to all clients prior to work being done. This letter is required to be signed by all clients prior to instructions being taken for the service requested.
  1. The following are the terms and conditions in relation to all services contracted for. There will be further specific terms and conditions in respect of particular services or products such as price.
  1. These general terms and conditions must be read in conjunction with the Privacy Policy and the Website Disclaimer which contain specific terms and conditions in respect of those aspects.
  1. Riaz Jakhura the Proprietor of Restful Wills and is a Barrister with a current practicing certificate and registered for Public Access work with the Bar Council. Restful Wills is his company and a trading name. His Chambers is registered at the company address. It is he who carries out all work for clients at this time.
  1. Restful Wills (hereinafter referred to as “the Company”) are members of the Institute of Professional Willwriters (hereinafter referred to as “IPW”) and it is mandatory that the Company operates in accordance with the IPW Code of Practice, copies of which are available (in written or audio format) free of charge either from the Company or from the IPW. Any instances of non-compliance with the IPW Code of Practice should be addressed to the IPW.
  1. All clients receive a Letter of Engagement/Client Care letter to explain what clients’ rights and obligations are and what rights and obligations the Company have. The terms of the agreement are governed by English laws and any dispute shall be resolved within the jurisdiction of the courts of England and Wales.

Payment

  1. Payment will be required, in full, on completion of the documents to your satisfaction. Payment may be made by cheque to Restful Wills or Riaz Jakhura, cash or electronic bank transfer (company account details will be provided to you upon request for electronic bank transfer).

Our obligations

  1. The Company usually operates a two visit system. The first visit is to discuss your situation and your requirements and to obtain as much information as possible to enable us to draft your documents.
  1. A second visit will be arranged to return your documents, to explain them to you so that you can be sure that they meet your requirements and to supervise the signing of them.
  1. We are obliged to give you best advice. In some cases this may require additional products or services, provided at extra cost either by the Company or another company recommended by us. You are under no obligation to take up any product or service, but the Company may require you to sign a disclaimer if you choose not to follow the advice provided by the Company.
  1. The Company may require you to sign a disclaimer if you instruct us to draft any product or service in a way that is contrary to our advice.
  1. Any advice that is given by the Company is based on its understanding of law, practices and procedures at the date of any agreement or production of legal document. The Company is not responsible for any consequences arising from any future changes in law, practices or procedures.
  1. The proprietor has Professional Indemnity and public liability insurance is in place to cover claims and losses arising as a result of any negligent act by it. The policy is currently with Bar Mutual Indemnity Fund Ltd, 90 Frenchurch Street, London EC3M 4ST.
  1. Professional Indemnity and public liability insurance is in place.
  1. The Company reserves the right to withdraw from any transaction if it is unable to complete any transaction in whole or in part but if it does so, it will write to you immediately and you will not be liable to pay any fees.
  1. The costs of correcting any error or omission on the part of the Company shall be borne entirely by the Company.
  1. The Company will maintain client files for a period of 6 years after the client’s death, or for a period of 6 years after you have notified us in writing that your document(s) have been revoked, whichever event occurs first.
  1. The Company will provide general oral advice free of charge in matters relating to your transaction for its lifetime. Any further services required or requested will incur a fee.

Your obligations

  1. The validity, accuracy and suitability of any documents that we provide will partly depend upon the honesty, completeness and accuracy of your answers to our questions. The Company therefore requires you to be open and honest with the information that you provide to us. The Company is not responsible for any consequences arising from inaccurate or incomplete information provided by you.
  1. To provide sufficient evidence of your identity to enable the Company to confirm your identity and/or comply with Money Laundering Regulations.

General obligations

  1. The information which you give me will be received in professional confidence. The only exception is that statutory and other legal requirements may cause me to disclose information which I have received from you to governmental or other regulatory authorities and to do so without first obtaining your consent to such disclosure or telling you that I have made it.
  1. The contract we are making between us will be governed by English law, and any dispute will be subject to the jurisdiction of the English courts.

Documents

  1. The Client and Restful Wills agree that:
  • We are entitled to keep copies of any documents you give me for my own professional records; and
  • We will return all your original documents to you when we have carried out the work you have instructed us to do.
  • All work to include draft documents is the property of restful wills and subject to copyright until payment as per the agreement is made.
  1. We would prefer that you provide copies of documents rather than originals However if this is not possible we may make a reasonable charge to you for producing photocopies. Original identity and property documents are always required to be seen. In order for us to comply with Money Laundering Regulations you must provide us with acceptable proofs of identity and address.

Timescales

  1. Your completed documents will be available for signing 14 days from the date on which the Company has all the information that it requires to complete your documents.
  1. In the event that the Company is unable to meet the above timescale then you will be able to renegotiate this agreement or you can cancel it without any obligation to pay any fees.
  1. If you are unable to provide all of the information that the Company requires to draft your documents within 28 days of the agreement then you will be liable to pay half of the total fees on the 28th day after the agreement. Any fees paid at this time will be deducted from your final invoice.

Limitations

  1. We are not responsible for the verification of any information provided by you in your instructions, this includes the identity or address of any person identified by you. Information regarding family or business or the age and condition of any person identified by you is taken at face value and relied upon. No liability is accepted in respect of incorrect valuations of assets provided by the client relied upon for the service contracted for.
  2. There is no responsibility for the future review of your documents. The documents are drafted based on your instructions and the law and procedure as it is at the time of the production of the same.
  1. Any changes in the personal circumstances of you or anyone named by you in the documents, or any change in the law are your responsibility. These changes might include births, marriages, death, incapacity, divorce, insolvency. It remains the client’s responsibility to seek further advice if necessary.
  1. We will not give detailed tax or investment advice, we can only comment on these matters in a generic way. Detailed advice on these matters should be sought from a qualified professional in the relevant field.

Complaints

  1. The company anticipates you will be happy with the professional services we provide.
  1. There are a number of ways and stages to make complaints should you not be satisfied with our response to your complaint.
  1. If you are not satisfied and wish to make a complaint about any aspect of service provided by the Company you should first refer the matter to us in line with the Chambers and Company complaints procedure. You can contact us in writing to the Company address. You may also call us on telephone number 07947625286. If you would like a copy of the complaints procedure please ask.
  1. The company will acknowledge your letter within 5 days of receipt and then investigate the circumstances of your complaint and write to you with the results of the investigation within 56 days of receipt of the complaint.
  1. If you are not happy with the results of the investigation you can write to the Institute of Professional Will writers at their address below, who will instigate a Conciliation Process to help you and the Company to reach a mutually satisfactory agreement.
  1. If you are not happy with the company/Chambers reply then you can contact the Legal Ombudsman. You must complain to the Ombudsman within six months of receiving a final response to your complaint from me (provided the response specifically notifies you of your right to complain to the Ombudsman and of the six month time-limit). A complaint to the Ombudsman must also be made no more than six years after the act or omission complained about or not more than three years from the date when you should reasonably have known that there were grounds for complaint.

For further details about how to make a complaint to the Legal Ombudsman, including guidance about the new scheme rules that came into effect on 1 February 2013, please contact the Legal Ombudsman directly at:

Legal Ombudsman

PO Box 6806

Wolverhampton

WV1 9WJ

Email: enquiries@legalombudsman.org.uk

t: 0300 555 0333

Website: www.legalombudsman.org.uk

A guide to the new scheme rules that came into effect on 1 February 2013 can be found on the Legal Ombudsman’s website at:

http://www.legalombudsman.org.uk/downloads/documents/A-guide-to-our-revised-Scheme-Rules.pdf

Frequently Asked Questions concerning the new Legal Ombudsman can be found on the Bar Standards Board website at:

https://www.barstandardsboard.org.uk/complaints-and-professional-conduct/concerns-about-a-barrister/

Other Terms

  1. All correspondence between us and you will be by first class post or email at the relevant addresses. We will not be liable for any loss arising from non-delivery of post or email, or any loss of documents beyond our control.
  2. We reserve the right, at our absolute discretion, to decline to provide legal services to you.
  3. We will not pass your personal information to any other party without your express permission unless required to do so by operation of the law.
  1. Where you provide us with personal or financial information relating to others, for example; family members, dependents, joint asset holders, beneficiaries, professional advisers and executors or trustees, you confirm that you have their consent or are otherwise entitled to provide this information to us and we can use it in accordance with this agreement.
  2. We may record or monitor telephone calls or electronic communications, including emails, between us to check your instructions and ensure we are meeting our service standards.
  3. You accept that internet or electronic communications are not necessarily secure unless they are encrypted and we are not responsible for any interception or misuse of such data.
  1. The Company shall not be held liable or deemed to be responsible for any delays or failure in performance under its Client Care/Letter of Engagement resulting from acts beyond its control, including but not limited to: Acts of God, acts or regulations of any government or supranational authority, war or national emergency, terrorist activities, industrial action, accident or fire.
  1. Any provision of this Letter of Engagement 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 shall continue unaffected.
  1. The above does not affect your statutory rights to other forms of restitution.