Terms and Conditions

These are Irwin Mitchell's Terms and Conditions and only apply to this Will Writing Service.

  1. 'We' and 'Us' means Irwin Mitchell LLP. 'You' means an individual who contracts with us for the writing of a Will.
  2. The Will Writing Service will be referred to as 'the Service'. The Service is administered and provided by us and we are responsible for preparing your Will under the Service.
  3. We are regulated by the Solicitors Regulation Authority in England and Wales (www.sra.org.uk). In Scotland, we are regulated by the Law Society of Scotland. Where you are domiciled or your assets are situated outside England and Wales and Scotland and your instructions are complex it may be necessary for us to engage third parties in respect of some aspects of the Service. Where we do so we will instruct reputable third parties who comply with local regulatory requirements.
  4. The information requested from you in the Will questionnaire is required for the purpose of preparing the Will and to ensure that it reflects your wishes. It is extremely important that you ensure that all information you provide to us is accurate and complete. If any of the information is not accurate and/or complete then it may affect the validity of your Will and/or the disposal of your estate under it may not be correct.
  5. By completing the questions which form part of the Will questionnaire and answering any additional telephone questions, you confirm that you are not subject to coercion or undue influence and have sufficient mental capacity to make and execute a will and have not been influenced by anyone in answering the questions.
  6. Please also note that the Wills are drafted under and in compliance with the laws of England and Wales, Scotland and/or Northern Ireland as applicable. We are unable to assist you if you would like your will to be governed by the law of another country or if you would like it to be governed by religious laws.
  7. Your Will (or the accompanying documentation) will contain guidance notes on when a new will is needed. Please read these carefully. If you do not have a new will drafted in accordance with these guidance notes then it may affect the validity of your Will and/or the disposal of your estate under it may not be correct.
  8. Changes in Inheritance Tax legislation may also affect the tax efficiency of your Will. Please note that we will not be obliged to contact you if there are any changes to the UK Inheritance Tax Legislation, but may choose to do so at our option. We cannot be liable to you for any losses, damages or costs (whether arising in contract, tort, negligence, breach of statutory duty or otherwise) arising as a result of our failure to contact you in these circumstances.
  9. It is essential that Wills are signed in accordance with the signing instructions which we send out with them. If your Wills are not signed and witnessed correctly they may be invalid.
  10. If you do not follow our instructions in relation to the signature of your Will then we accept no responsibility for the effective execution of your Will.
  11. An additional charge will be payable after your Will has been prepared if you make any alterations to your wishes that mean your Will must be redrafted. You should therefore check the Will questionnaire carefully to see that it does reflect your wishes and that nothing has been left out.
  12. We reserve the right to make an additional charge if the nature of your instructions is such that time, over and above what would be considered reasonable for preparing a Will, is spent in completing your Will. You will be advised of any estimated additional charge before any work is undertaken.
  13. If you have appointed Irwin Mitchell as Executor of your Will, you should read the Estate Administration Terms & Conditions before signing these instructions. These are available on request.
  14. Irwin Mitchell will charge for its services as Executor after your death in accordance with its scales of fees as are applicable at the time.
  15. Copyright may arise in the Will, documents or other material which we produce for you. We shall own this copyright and without our prior written agreement and payment of our invoice shall not transfer it to you.
  16. Where you have instructed us to prepare a Will, you may cancel your instruction and receive a refund of the fee paid by you if you contact us within seven working days beginning on the day after we agree to prepare the will.
  17. As you will appreciate, we will not start work on your Will until either the cancellation period has expired or you have agreed to give up your right to cancel. If you give up your right to cancel we shall begin work on your Will without waiting for the cancellation period to expire. You will not be able to cancel your order once we have started work on your Will. We will ask you when we take payment whether you wish to give up your right to cancel so that we can start work on your will.
  18. These Terms and Conditions and any other terms we may agree with you are governed by English Law and any dispute relating to them shall be subject to the exclusive jurisdiction of the English Courts, provided always that we may in our absolute discretion refer any dispute to binding arbitration in London under the Rules of the London Court of International Arbitration, which Rules are deemed incorporated by reference into this paragraph, and in which case the number of arbitrators shall be one, the language to be used in the arbitral proceedings shall be English and the seat of the arbitration shall be England. For the avoidance of doubt, this paragraph is without prejudice to our professional and regulatory obligations.
  19. We accept instructions from you on the basis that our services are provided solely for your benefit and that of your beneficiaries under your Will. We do not assume any liability to any person other than you and your beneficiaries under your Will in relation to the advice we give you. Unless we indicate otherwise in writing, we assume no responsibility for or liability (including liability for fees) in relation to the acts or omissions of, or advice given by, any experts, consultants or other advisers (including legal advisers) engaged in relation to any matter connected with your instructions to us. Our advice is confidential to you and this firm shall not be responsible if you make it available to third parties. No person who is not a party to the agreement embodied in these standard terms and conditions and the relative covering letter(s) or your beneficiaries under your Will shall, in the absence of express provision to the contrary, have any right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms, but this does not affect any right or remedy of a third party which exists or is available other than under that Act.

I understand that:

  • The information requested in this form is required for the purpose of preparing my Will and to ensure that my Will reflects my wishes.
  • The information is being used by Irwin Mitchell LLP who is responsible for preparing the Will.
  • If I am contemplating marriage or contemplating entering into a civil partnership, this will not be accommodated in this Will; and that I will need to draft a new Will should I get married or enter a civil partnership.

DATA PROTECTION

  1. We will be a data controller in respect of this personal data. Your details may also be passed to our agents or third party administrators.
  2. Irwin Mitchell may need to contact you during the course of writing your Will to check or confirm the information you have provided, to ensure that your wishes are understood and to provide you with updates on the progress of your Will. This could be by phone, email or text messaging.
  3. Information about you will be put on the database of Irwin Mitchell and used by Irwin Mitchell in servicing your relationship with us and monitoring services levels. It will also be used for customer profiling and service and strategy development.
  4. You may access your personal data held by us by writing to The Compliance Officer, Irwin Mitchell LLP, Riverside East, 2 Millsands, Sheffield S3 8DT.