Terms of Business

Standalone Probate Trusts, certain other Discretionary Trusts, conveyancing, Forced Severance of Tenancy arrangements & all other legal advice are provided by our chosen Solicitor(s).

Other areas of financial advice & Executor & Probate services are provided by one of our chosen FCA regulated IFA’s and/or Estate Planning & Probate Specialists. Our other business partners will be explained to you if required and/or relevant.

We will operate in accordance with our Code of Conduct as detailed on our website

Our process explained

One of our advisors will meet with you without any charge (for the first two meetings) or obligation (ever) & will listen to your wishes & the concerns that you have regarding your estate planning. They will explain who Will Power Worthing are, how we operate & what you should expect in terms of our service & fees, to ensure that all your expectations & wishes are met & that you are completely protected in all areas. They will discuss all the products which are relevant to your current circumstances & ensure that you understand each section before moving on to the next. We are obliged to give you the best advice. In some cases, this may require additional products or services than the initial reason you asked to speak to us, provided at extra cost either by WP or by another company recommended by us. You are under no obligation to take up any product or service, but WP may require you to sign a disclaimer if you choose not to do so. You may also be required to sign a disclaimer if you instruct us to draft any product or service in a way which is contrary to our advice. Our declaration on our instruction form also covers this point and as such must be thoroughly read & understood prior to signing. Any advice given by WP is based on its understanding of law, practices & procedures at the date it is given. WP is not responsible for any consequences arising from any future changes in law, practices, or procedures and especially where the Lifetime Guarantee service is not taken. The first meeting should take 30-40 minutes, after which there are two likely options:

1) If you decide that you would like to proceed with an instruction & fully understand what has been discussed & recommended our advisor can take your instructions at this first meeting. This normally (but not in all cases) applies for Will only instructions & Lasting Power of Attorney applications. Once they have taken your instructions, they will ask for the appropriate payment which can be paid by cheque, cash, or card for which you will be receipted.

2) If you feel you need time to consider what has been discussed we will arrange a 2nd appointment. We will write to you formally making our recommendations on record. You are free to take as much or as little of this advice as you wish. At the 2nd appointment you can tell our advisor which option you have decided to proceed with & they will take down all the relevant information required from you, after which they will ask for the appropriate payment which can be paid by cheque, cash, or card (for which you will be receipted. There is no charge for meeting 1 and 2. Any subsequent meetings may incur a charge which will be agreed with you prior to the meeting taking place, & which will be required before any original documents are passed to you. Please note appointments at our offices need to be arranged. If you arrive at our offices without a booked appointment, you may be asked to leave if we are not able to facilitate you. Prices quoted are valid for the date given on your order letter only, after which they may be subject to change. Your first English draft will usually be received by you through e-mail within 10 working days of our advisor’s final visit. At this stage you are free to amend it as many times as is required & send it back for adjustment until such time as you are happy with its contents. Once you have indicated that the content of your documents is acceptable to you, they will be sent to produce your Legal draft. Please check this thoroughly. Please note that it is your responsibility to thoroughly check this document and confirm you are ready to move forward with the drafting process. We may not remind you to do this. Once you confirm that you are happy with this document it will be sent for engrossing after which you will be called & asked to arrange the witnessing of your documents. Our adviser will explain your options. If we do not oversee the witnessing we cannot be held liable should they be witnessed incorrectly. If you have ordered copies, they will be given to you at this time. Your Executors, Guardians Trustees and Attorneys if appropriate will then be contacted to advise them of their role & to ensure that they are aware of what is expected of them.

1. The services provided to you – The Drafting Process explained:

• Will Power Worthing will prepare or have prepared all legal documentation for your Will & other associated documents ordered in accordance with the confirmed verbal & written instructions provided to our advisor during your appointment (s)
• We will commence work on processing your documents usually within 24 working hours of taking your instructions. If no written cancellation form has been received after 14 days, you are not entitled to a refund should you subsequently cancel after this time period. As soon as your respective draft(s) are complete it/they will be sent to you to read through at which point you can advise of any alterations that are required. This process repeats until you are satisfied and have confirmed that everything is in order, at which point your legal documents will be ready to be produced. It is your responsibility to check and confirm the documents. Will Power Worthing may or may not follow up on them
• Once your legal documents are ready for signature & witnessing you will be advised, & a suitable time arranged to bring/send them to you for signing & witnessing. If documents are to be sent to you, this will be by recorded delivery, at the cost outlined on our price list
• Once the witnessing is complete you will receive your final letter from us, including your Registration certificate (if applicable)
• The accuracy, suitability & validity of any documents that we provide will partly depend upon the honesty, accuracy & completeness of your answers to our questions. WP therefore requires you to be open & honest with the information you provide us & is not responsible for any consequences arising from inaccurate or incomplete information provided by you

2. What you will receive from us:

• Your fully engrossed legal documents in line with the products ordered from us
• Memorandum of wishes – we suggest that any specific bequests relating to personal belongings are detailed in this document which can then be kept with your Will. This is a separate document to your Will & can be updated in accordance with any changes to your wishes/circumstances. You can edit this document as you go through your life. This document is not legally binding. It is a vehicle to explain your choices made in your Will (should you wish to do so)
• Statement of financial assets if this information is disclosed to us – this is a separate document to your Will & can be edited as your circumstances change. Your adviser will explain why this is required by us
• Plain English version of the Will & Trust instructions
• Glossary of terms
• Registration Certificate (if applicable)

3. The cost to you

• A full list of our standard prices will usually be left with you after your initial consultation & are always listed on our web site. However, we will always write to you after our initial consultation with you & advise you of what we are recommending, including the total price that our services will cost you, as we may be running a promotion. You are not obliged to take all of this advice. Our consultants are obliged to give you the best advice according to your circumstances. The full cost of whichever option you choose to proceed with will also be fully explained & agreed with you during your final consultation with us & a receipt will either be issued to you immediately upon payment or sent to you once your payment has cleared. We require full payment as cleared funds before any original documentation is given to you. We require payment once you have given us your signed instructions

4. Alteration to documents

• Any amendments to your documents will be made without further charge where such amendments are required because of an error made on our part in their production after you have proofed your drafts, so long as we have been notified in writing (including electronic mail) within 6 weeks of you receiving your documentation. Any amendments required after 6 weeks of you receiving your documentation will incur a charge as will all amendments required at any time after you have proofed your drafts and given us instruction to proceed with producing your engrossed documents where no error has been made on our part after such instruction has been given

5. Rights of cancellation

• You have the right to cancel your instructions if you wish, within fourteen (14) days starting on the day you receive your Notice of Right to Cancel from our advisor, and you will not be required to make any payment, depending on the amount of work we have done
• Refunds will be paid within fourteen days from the date you sent your cancellation form
• The Cancellation Notice form provided within our promotional packs may be used to exercise this right & can be sent by email or sent by post, in which case you should obtain a Certificate of Posting or Recorded Delivery slip. You are advised to take a copy of the cancellation notice before returning it to us. Please include your reason for cancellation, and you may receive a call for further information depending on the nature of the cancellation
• Your cancellation is deemed to have been served as soon as it is posted (with proof of postage) or, if you have sent an email, from the day the email is sent to us
• Where you have confirmed at the point of engagement and signature that work may commence before your cancellation period expires we will usually commence work on your case within 24 hours of receiving your signed instructions
• We would make you aware therefore that if you then subsequently cancel in accordance with your rights, a reasonable payment will be due for all work carried out up to the point we receive this notice
• Reasonable payments will be determined in accordance with our published fees

6. Complaints

• We believe & hope that you will always be pleased with our services, however, should you be dissatisfied for any reason, please put your complaint in writing to Customer Services, Will Power Worthing Limited, 9 Offington Lane, Worthing, BN14 9RY who will contact you within 48 hours of receipt to acknowledge receipt of your complaint
• WP will investigate and write to you with the results within a further 28 days
• WP has Professional Indemnity Insurance of £2million to cover claims and losses arising as a result of any negligent act by it
• WP has Public Liability Insurance of £5million to cover claims and losses or damages arising from action by it
• WP 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

7. Data Protection Act 1998

 Will Power Worthing take your data and privacy very seriously, and we are pleased to confirm the following;

• We follow the Data Protection Act 1998 strictly
• We are registered with the information commissioner’s office (ICO) for the processing and storage of our clients’ personal dataÂ
• REG NO – ZA123975

• Will Power Worthing Limited respect your privacy which is why we will never pass your information onto any third party unless you have expressly asked us to do so for the purposes of you obtaining specialist financial advice from one of our FCA regulated and/or authorised partners. We will only pass your data on if you expressly instruct us to. Our advisers cannot advise on areas of financial advice; however they can suggest that you speak to one of our partners if they feel that this could benefit you. You do not have to take this advice. By engaging with us you agree that we may contact you from time to time if we feel that we can offer products which may benefit you. You can opt out of this agreement in writing.

8. Accepted Payment Methods

• Cheques to be made payable to Will Power Worthing Limited
• Card payments are accepted, with no transaction fee
• Direct debit – If required, you can pay a deposit of 30% and spread the balance interest free over 12 months or 24 months by direct debit. Alternatively you can spread the cost over a year with 4 equal paments once a quarter
• Cash is accepted

Will Power Worthing – Your Will – Your Power

MAKE SURE YOU COME AND SEE US BEFORE YOU GO!