Wills Terms

1. The term ‘we’ and us refer to Minster Law Ltd (Minster Law). ‘You’ means the client of Minster Law.

2. Minster Law is regulated by the Solicitors Regulatory Authority in England & Wales

3. Access to this online questionnaire is only intended for use by You

4. The information requested in our questionnaire is needed to provide you with a Will and to make sure your wishes are reflected. Therefore it is crucial that YOU make sure the information you provide to us is honest, true and accurate. Any information that is false or incomplete may affect the validity of your Will and the distribution of your estate, which may not be correct as a result of any misinformation.

5. By completing our Will questionnaire and answering any further enquiries you confirm that you are not subject to any undue influence, coercion or pressure in the preparation of your Will and the completion of this questionnaire and you have the appropriate mental capacity to make and execute a Will.

6. We will contact you where appropriate to confirm instructions.

Refusal to act

7. Minster Law Reserves the right to refuse instruction where (but this list is not limited to) where it feels:
A conflict of interest may arise/and/or already exists
There is the potential for coercion or you are a vulnerable person
You do not have the appropriate mental capacity to make a valid will
This will writing service is not appropriate for you due to your personal affairs or your instructions
You do not respond to correspondence
Your instructions fluctuate regularly indicating inconsistent behaviour
Non payment of our invoice (see point 15 below)

8. Minster Law may deem it appropriate given the nature of your instructions to instruct your GP as to confirmation as to your capacity to do a Will and confirm you are not a vulnerable person. Should you refuse then Minster law will no longer act for you and terminate any retainer. Should you agree to the G.P report any cost born and/or fees charged by your G.P shall payable by you.

Review and amendments to your Will

9. We shall forward you a Draft will for approval before forwarding you your actual Will for execution. You have the opportunity to review the draft and inform us of any amendments that may be required as well as confirming tour instructions have been met.

10. After execution of your finalised Will the opportunity to update your answers in your will questionnaire will end.

11. Any additional charge will be payable should you make any alterations to your instructions that mean your Will must be re drafted. It is therefore essential you check the will questionnaire thoroughly and carefully to ensure it reflects you wishes.

Estate Administration

12. Should you choose to appoint Minster Law as Executors, we will charge for our services for acting as professional executor following your death in accordance with our fees at that time. We advise you visit ML Probate website for further information prior to accepting our terms and conditions.

Costs and Fees for your Will

13. We reserve the right to charge additional fees if the nature of your instructions are over and above what is reasonable for preparing your Will. We shall advise you of any additional charge before any work is undertaken.

14. The price quoted is for a simple single will or mirror will where applicable (excluding VAT and disbursements). Where matters of tax planning and/or trust work is involved the fee quoted may not be suitable. As such we reserve the right to charge over and above the amount quoted on our website. The fee will be reasonable for the work undertaken and an estimate only. We shall advise you of any charges before any work is undertaken and you may, if you wish terminate the retainer with us if you’re not happy with our estimate. Any funds paid to us already in advance will be refunded directly to you

15. You will be required to pay for your Will prior to any final Will being issued to you. Consequently a bill shall be raised on your file upon completion of the draft which shall be forwarded to you along with your draft will.

16. The Bill shall include any G.P fee where appropriate.

17. You shall have 30 days from the date of the invoice in which to settle your account.

This service

18. The Wills drafted under our service are prepared in accordance with the laws in England & Wales. We cannot assist you if you wish your will to be applicable or governed by the laws in another country or would like it to be subject to religious laws.

19. You will be given guidance to when a new will may be needed. You must read these carefully. Should you fail not to have a new will drafted following a change in circumstance your will may no longer be valid or your wishes carried out. It is Minster Laws advice that you review you Will annually to ensure it still fulfils your wishes.

20. Changes to the tax system in England & Wales may affect you Will. We will not be obliged to contact you if there are any changes to the Inheritance Tax legislation but reserve the right to do so at our discretion. We cannot be liable to you or your estate for any losses, damages or costs (in whatever way arising either though but not limited to negligence, tort, breach of statutory duty) arsing as a result of our failure to contact you in these circumstances.

21. It is essential that Wills are signed in accordance with the signing instructions sent out to you with your finalised Will. If your Wills are not signed and witnessed correctly the Will may be invalid and we cannot be liable to you or your estate for any losses, damages or costs (in whatever way arising either though but not limited to negligence, tort, breach of statutory duty) arsing as a result.

22. The onus is on you to return your completed Will to us directly for checking that it had been validly executed. Should you fail to do so the Will may be invalid and we cannot be liable to you or your estate for any losses, damages or costs (in whatever way arising either though but not limited to negligence, tort, breach of statutory duty) arsing as a result of your failure to act.

23. We will provide you with a free traditional will storage.

24. An electronic version of your Will shall be retained by us.

25. You can request a copy of your stored Will at any time. Such a request has to be made by way of writing.

26. Minster Law operates it’s free will review service at it’s own discretion and this service is retractable at any time without prior notice.

27. If you would like to retrieve your Original Will we reserve the right to charge a small administrative charge to cover the costs of delivery to you. Any such request must be made in writing.

28. You understand that by using our Mirror Will service your spouse/partner/civil partner and you may receive shared information including sight of one another’s Wills and correspondences reacting to our service and the progress of your file. By agreeing to our terms and conditions you give consent to the sharing of confidential information.

Data Protection

29. The information that you provide will be used by Minster Law in the preparation of your Will and its storage. You have the right of access to your personal records held by us by making a written request to:

Compliance Department, Minster Law Solicitors, Alexander House, Hospital Fields Road, York YO10 4DZ

Minster Law uses the personal data stored to provide this service and for client profiling and business plan development. We strive to update our products and services to ensure our compliance with current regulations, changes in law and to meet your needs. We would like to also use this information to keep you informed as to our services and products. Should you not want this service please tick the box at the end of the questionnaire

A list of Directors is available from the registered office: Alexander House, Hospital Fields Road, York. Registered in England No. 4659625. Regulated by the Solicitors Regulation Authority of England and Wales. Authorised and regulated by the Financial Services Authority.