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Skip to content Menu * How it Works * Pricing * About Us * FAQ * Legal * Contact * Login ? Make your Will online in 3 easy steps Let’s get started Make your Will online in 3 easy steps Let’s get started Let us guide you through our quick and easy 3-step process In as little as 10 minutes you can have a legally-binding Will 1. ANSWER QUESTIONS I ANSWER QUESTIONS I 2. DOWNLOAD & PRINT I DOWNLOAD & PRINT I 3. SIGN & WITNESS I SIGN & WITNESS I "Excellent speedy service" - GRD "Excellent and speedy service from start to finish" - GRD SINGLE WILL £79.99 For one person PAIR OF MIRROR WILLS £119.99 For a couple (married, partners, etc) Let’s get started Over more than two decades, we have delivered nearly 200,000 Wills Here are just a few of the reasons people have chosen us: Speed and convenience Affordability : from £79.99 Try for free Money-back guarantee Documents delivered instantly Designed by experts Easy to understand Every Will checked Free signature checking Free re-writes for a whole year Responsive online support Estate protection EU property : ‘Brussels IV’ Option to add an LPA Society of Willwriters member £2.5 million of Insurance IN YOUR WILL PACK YOUR WILL Ready to print & sign In plain English View a Sample INSTRUCTIONS Explaining how to sign Explaining every clause View a Sample PLUS ... * Unique ‘Proof of Will’ feature * Free re-writes for a whole year * A money-back guarantee * Your Will professionally checked * Your signatures professionally checked * Free probate advice for your Executors * Responsive online support SINGLE WILL £79.99 For one person PAIR OF MIRROR WILLS £119.99 For a couple Let’s get started CUSTOMER TESTIMONIALS "The process is very straight forward and easy to use. I have in the past generated my late mothers will and LPA documents and all went smoothly when obtainging probate etc. I have recently generated my own will. Supporting information and customer service if advice is needed are both excellent." - Mr PW, Bedford "I found completing the forms very easy and the information given helpful in my decisions. I would recommend to friends. " - Ms CE, Sevenoaks "It was easy to follow the instructions and worth the money " - Mr & Mrs ET, Hebden Bridge "Thank you for making my Will easy to do on line would recommend to any one " - Mrs & Mr CF, Fareham "Excellent and professional service. Easy to update an existing Will. " - Mr SM, Williton "I needed a will quickly to replace an existing will. This was literally a 10 minute job that solved my issue and was very affordable and professionally done. Quick and easy - job done! " - Mr RJ, Perth "So very easy and excellent guidance notes. I really couldn’t have got anything better elsewhere. My brother has also used your services thank you" - Ms LT, Thornbury "Easy to understand. Guided the whole way through the process." - Mr MB, Grantham "Very easy service to use, very reasonable price and all very professionally done." - Mr SB, Hebden Bridge HOW IT WORKS 1.ANSWER SIMPLE QUESTIONS Designed by professional Willwriters, our intelligent online software will guide you quickly through the process of creating your own legally-valid Will, with easy multiple-choice questions, in language you’ll understand and relevant to your situation We’ll only ask you to enter the minimum of information, and only when we need it : unless your requirement is complicated, drafting your Will can take as little as 5-10 minutes WORK AT YOUR OWN PACE If you don’t have time to finish everything in one go, you can pause and come back later - or even save your work and then log back in on another device or computer to complete You won’t lose your work if you accidentally close your browser - just re-open your browser and it’ll still be there GUIDANCE NOTES AND EXPERT SUPPORT Full Guidance Notes are provided every step of the way, and if you’re not sure about anything you can contact us without losing your place - and you’ll receive a quick response from a professionally-qualified Willwriter CHECK WHAT YOU’RE GETTING Once you’ve finished the questionnaire, you’ll be able to check a summary of what your Will is going to say, and then pay online using your preferred method via our trusted payment partners Stripe and Paypal 2.DOWNLOAD & PRINT As soon as you’ve paid, our advanced software generates your Will instantly, and you’ll get it straight away All you’ll have to do is download and print it 3.SIGN & WITNESS Just sit down with two witnesses over 18, sign your Will while they watch, and then get them to sign it as well Your witnesses do not have to read your Will You will not need a Solicitor Your Will Pack will include instructions on how to carry out this simple task THAT’S IT - ALL DONE! As soon as it’s signed & witnessed, your Will is legally-binding and valid There’s nothing else for you to do other than to store it somewhere safe and let your executors and family know where to find it Don’t worry if you find you’ve made a mistake, or if you change your mind about something: you have 365 days to make unlimited corrections or changes free of charge: Just login, make your changes, generate new documents, then download, print & sign the new Will Back Let’s get started WHAT YOU GET - IN DETAIL A TAMPER-PROOF WILL READY TO PRINT & SIGN More ...LessBack Your fully-legal Will document, available for immediate download and ready to Print & Sign, will be in plain English and will incorporate words, phrases, and clauses with decades of legal precedent The signature page will have a unique QR Code via which an original copy of the Will can be obtained - making it easy to confirm whether or not the Will has been tampered with - if it has, the correct original copy will be accepted FULL INSTRUCTIONS & EXPLANATION OF YOUR WILL More ...LessBack Your document package will contain detailed instructions on how to carry out the simple task of signing & witnessing your Will to make it 100% legal (note that you will not require a solicitor for this), plus a section explaining the meaning of every clause A TRUSTED & EXPERIENCED COMPANY More ...LessBack We are members of the Society of Willwriters - the leading self-regulatory body for Professional Estate Planners, and for over 20 years since 2002, our websites - designed by professionally-qualified experts - have delivered almost 300,000 Wills and LPAs to the people of England & Wales FREE UPDATES FOR 365 DAYS More ...LessBack If you’ve made a mistake or want to change something, then don’t worry: you’ll be able to make unlimited changes free of charge (and an unlimited number of times) for 365 days after your purchase FREE PROBATE ASSISTANCE More ...LessBack Via the QR Code on the signature page of the Will, your executors will be able to contact us for free probate advice MONEY-BACK GUARANTEE More ...LessBack If there’s an error in the wording of your Will document, and it’s our fault, we’ll correct the error and refund your money OPTIONAL PROFESSIONAL CHECKING More ...LessBack With the best will in the world, you might forget to read (or misinterpret) our ‘help notes’ - and so to give you peace of mind we can (for a small additional fee) check your Document Package for you One of our professionals will check all of the documents in your order and either confirm that you haven’t made any mistakes in how you’ve completed the questionnaire, or point out where you have You’ll normally receive an email the same day - even at weekends - and if we haven’t sent you our comments within 3 working days we’ll refund your entire payment (not just for the checking, but for all the documents in your order as well) WHAT YOU CAN SPECIFY IN YOUR WILL More ...LessBack Our Wills allow you to specify all of the following: * Leave gifts of money, property, shares, etc. * Appoint guardians for your children * Share out your estate * Add a ‘Brussels IV’ clause * [Mirror Wills only: Ring-fence your estate for your children, and protect some of it from being taken for care fees, with a ‘Flexible Life Interest Trust’] Additionally, at the end of the Will drafting process you will have the option to also add either or both of the following documents: * Lasting Power of Attorney for Property & Financial Affairs * Lasting Power of Attorney for Health & Welfare Let’s get started PRICING SINGLE WILL ? £79.99 For one person PAIR OF MIRROR WILLS ? £119.99 For a couple (married, partners, etc.) SINGLE LASTING POWER OF ATTORNEY (PROPERTY & AFFAIRS) ? £89.99 For one person PAIR OF LASTING POWERS OF ATTORNEY (PROPERTY & AFFAIRS) ? £129.99 For a couple (married, partners, etc.) SINGLE LASTING POWER OF ATTORNEY (HEALTH & WELFARE) ? £89.99 For one person PAIR OF LASTING POWERS OF ATTORNEY (HEALTH & WELFARE) ? £129.99 For a couple (married, partners, etc.) DOCUMENT CHECKING - SINGLE ? £19.99 All documents checked by a professional DOCUMENT CHECKING - COUPLE ? £29.99 All documents checked by a professional All prices include VAT Back Let’s get started ABOUT US SUPPLYING ONLINE WILLS SINCE 2002 We were one of the first pioneers of online Wills in the UK, launching our first website back in 2002 In the 20+ years since then, the people of England & Wales have used our websites to generate almost 200,000 Wills Over that same period, we have continually refined our service - making it easier and easier for a normal person with no legal knowledge to write their own Will Approximately 1 in 5 Wills are now written online, and our Customers save hundred of thousands of pounds every year on the cost of a Solicitor Back TRUSTED & PROFESSIONAL We have been members of the Society of Willwriters - the leading self-regulatory body for Professional Estate Planners - since 2008, and adhere to their Code of Practice To our knowledge no legal document we’ve supplied has ever been legally challenged based on its wording, but we nevertheless take your protection very seriously and we have a Professional Indemnity Insurance policy for £2.5 million with the Society of Will Writers Insurance Scheme Back CUSTOMER TESTIMONIALS CUSTOMER TESTIMONIALS "The process is very straight forward and easy to use. I have in the past generated my late mothers will and LPA documents and all went smoothly when obtainging probate etc. I have recently generated my own will. Supporting information and customer service if advice is needed are both excellent." - Mr PW, Bedford "I found completing the forms very easy and the information given helpful in my decisions. I would recommend to friends. " - Ms CE, Sevenoaks "It was easy to follow the instructions and worth the money " - Mr & Mrs ET, Hebden Bridge "Thank you for making my Will easy to do on line would recommend to any one " - Mrs & Mr CF, Fareham "Excellent and professional service. Easy to update an existing Will. " - Mr SM, Williton "I needed a will quickly to replace an existing will. This was literally a 10 minute job that solved my issue and was very affordable and professionally done. Quick and easy - job done! " - Mr RJ, Perth "So very easy and excellent guidance notes. I really couldn’t have got anything better elsewhere. My brother has also used your services thank you" - Ms LT, Thornbury "Easy to understand. Guided the whole way through the process." - Mr MB, Grantham "Very easy service to use, very reasonable price and all very professionally done." - Mr SB, Hebden Bridge Back Let’s get started FAQ DON’T I NEED A SOLICITOR ? See AnswerHide AnswerBack In a word: no Provided that it is correctly worded, is doesn’t matter who actually wrote your Will Furthermore, to be legally-binding a Will doesn’t have to be witnessed by a Solicitor either - it can be witnessed by any two competent people over 18 123MyWill is suitable for the vast majority of people to use in writing their own Will: Provided that you follow all of our instructions carefully, your Will - as soon as it has been properly signed and witnessed - will be just as legally-binding as if it had been written by a Solicitor WILL MY WILL REALLY BE LEGAL ? See AnswerHide AnswerBack Yes it will All we’ve done is automate the process followed by Solicitors in drafting Wills, substantially reducing the cost and time involved and making it substantially more convenient Your Will document will contain the same standard clauses and paragraphs (with decades of legal precedent) used by Solicitors throughout England & Wales Once you’ve completed our simple to follow Instructions for the signing and witnessing process, your Will document will be 100% fully legally-binding WHO ARE 123MYWILL ? See AnswerHide AnswerBack 123MyWill is owned and managed by Portology Limited of 7 Bell Yard, London WC2A 2JR registered in England number 3419968 and VAT registration number 232631927 A member of the Society of Willwriters - the leading self-regulatory body for Professional Estate Planners, Portology Limited has been running online Willwriting websites since 2002, and those websites have delivered almost 200,000 Wills, and almost 300,000 Wills and Lasting Powers of Attorney, to the people of England & Wales WHAT IF I DON’T MAKE A WILL ? See AnswerHide AnswerBack If you die without making a Will you are said to have died intestate Dying intestate leaves your loved ones with far more work to do at a time when they will be bereaved, the distribution of your Estate will take longer (and almost certainly cost more) and it is highly likely that your Estate & your possessions will not go to who you want them to In particular, if you are living with but not married to your partner, they will receive nothing if you die intestate CAN’T I JUST WRITE MY WILL ON MY OWN ? See AnswerHide AnswerBack Yes, you can, but there are significant risks in writing your Will without any assistance of any form - and remember that you will not be around to sort out any problems that occur It could mean substantial legal fees to put things right - quite apart from the upset and confusion it could cause those you leave behind HOW LONG WILL MY WILL BE VALID FOR ? See AnswerHide AnswerBack A Will made at 123MyWill will remain valid until it is ‘revoked’ (i.e. cancelled). This can happen in one of the following ways:- * If you marry or enter into a Civil Partnership (by law, marriage automatically revokes a Will) - in this case all you’ll need to do is re-print the Will (using your new name if it has changed) and re-sign/witness it as before * If you make another Will (or re-write your Will) using our site - all our Wills contain a clause revoking all previous Wills made under the laws of England & Wales * If you intentionally destroy the Will (e.g. by shredding or burning) IN WHAT COUNTRIES WILL MY WILL BE VALID ? See AnswerHide AnswerBack A Will made at 123MyWill will be valid for everything you own - immovable assets (i.e. property) and movable assets (e.g. bank accounts) - in England & Wales, and it will normally be valid (although it’s your responsibility to check) for movable assets (e.g. bank accounts) in most other countries It is not guaranteed to be valid for immovable assets (i.e. property) in other countries (including Northern Ireland, Eire, The Channel Islands, the Isle of Man, or Scotland) CAN I USE A WILL TO AVOID CARE COSTS? See AnswerHide AnswerBack In the situation where you are a couple, one of you dies, and the survivor has to go into care, the estate of the first to die can normally be protected if you use a ‘Flexible Life Interest Trust’ in your Wills We offer this option if you are making Wills as a couple, and you specify that you have children CAN A BENEFICIARY OF MY WILL BE AN EXECUTOR ? See AnswerHide AnswerBack Yes An Executor can be a beneficiary and a beneficiary can be an Executor. It actually makes sense to appoint the major beneficiary (provided he/she/they is/are over 18) of your Will as the Executor(s), because an Executor with the added interest of being a beneficiary is going to work a lot more efficiently CAN I APPOINT GUARDIANS FOR MY CHILDREN ? See AnswerHide AnswerBack Yes One of the advantages of a Will is that it allows you to legally appoint somebody to look after your children should you die before they reach the age of 18 Appointing Guardians with our service is as easy as saying: "yes" and then entering their names CAN I USE 123MYWILL TO WRITE A CODICIL ? See AnswerHide AnswerBack No, we don’t do codicils - and it’s far easier to simply make a new Will using this website Once you’ve written your new Will at 123MyWill, you’ll never have to consider writing a Codicil again, because all you’ll have to do to change your Will is login, make the amendments online, generate the revised document and then print/sign/witness it This is a major benefit of using our service DO YOUR WILLS INCLUDE BRUSSELS IV ? See AnswerHide AnswerBack Yes - all of our Wills have the option for you to include a ‘Brussels IV’ clause WHAT IF I WANT TO LEAVE SOMEONE OUT OF MY WILL ? See AnswerHide AnswerBack If you’re deliberately leaving somebody out of your Will, you don’t need to say so in the Will - instead you just don’t mention them as a beneficiary We also recommend you to write a separate letter explaining what you have done and why: This letter should be kept with (but not attached to) your Will, and can then be read out in court if the Will is ever challenged (if you instead wrote your reasons into the Will, they could be deleted by the Probate Office and they could then not be read out in court) You do need to be aware, though, that legally you have to provide for your children, and all people who are financially dependent on you If you don’t, then the Will can be challenged and will most likely end up being changed - you should Google ‘Provision for Family and Dependents Act 1975’ for more details CAN I WRITE A WILL FOR SOMEBODY ELSE ? See AnswerHide AnswerBack Yes. You can use 123MyWill to write a Will (and/or LPA) for somebody other than yourself. It doesn’t matter who actually writes or drafts somebody’s Will (and/or LPA). All that matters is that the person whose Will (and/or LPA) it is has not lost mental capacity, understands its contents, is happy with what it says, and signs it in front of 2 witnesses over 18 UNDER WHAT CIRCUMSTANCES CAN I NOT MAKE A WILL ? See AnswerHide AnswerBack This service should not be used to make a Will for anybody who: * Is under 18 or; * No longer has mental capacity or; * Doesn’t understand what a Will actually is or; * Doesn’t understand the extent of their estate IS THERE ANY REASON I MIGHT NEED A SOLICITOR? See AnswerHide AnswerBack We would recommend that you seek independent advice if one or more of the following apply: * If you are not a British citizen and your permanent home is not in the UK * If you own a farm * If you are a sole trader and wish to leave specific instructions as to the continuation of your business HOW DO I GET MY DOCUMENTS ? See AnswerHide AnswerBack Your documents can be downloaded as soon as you’ve paid They can also be downloaded at any time after that, by logging in to your account HOW DO I MAKE A CHANGE TO MY WILL ? See AnswerHide AnswerBack You can make a change to your Will at any time by logging in to your account, selecting the ‘Edit’ option, making your changes, and then generating new documents in the same way as when you made your original purchase Within 365 days of your purchase, doing this is free Once you’ve generated your new documents, you should download, print & sign/witness them to make them legal in the samer manner as before WHY HAVEN’T I HEARD FROM YOU ? See AnswerHide AnswerBack We normally respond the same day, so if you’ve not heard from us after 2 working days you should first check your ‘Spam’ or ‘Junk’ folder If you have created an account, you can also login and view all communications between you and us If you still can’t find anything from us, please contact us and, after sending your message, make sure you click the link to view your message - and then save the URL To prevent a recurrence of this issue, we also advise you to add the domain ‘mg.123mywill.co.uk’ to your email safe senders list DO I HAVE TO SIGN EVERY PAGE OF MY WILL ? See AnswerHide AnswerBack No - you do not have to sign every page To be legal, a Will only has to be signed and witnessed once and if the document is more than one page long the signatures can be on the final page Remember also that all Wills created at 123MyWill are, in effect, tamper-proof CAN I MAKE A LASTING POWER OF ATTORNEY ? See AnswerHide AnswerBack Yes - you can use our site to make a Lasting Power of Attorney (‘LPA’) At the end of the online Will questionnaire, there is an option to add either or both types of LPA: Property & Financial Affairs and Health & Welfare As you’ll be entering all full names and addresses at the end for your Will anyway, adding an LPA will literally only take a minute or two You will also have the option, at purchase time, of choosing which documents you actually want to buy - so in theory you could de-select the Will and use our site to make just LPAs CAN’T FIND YOUR ANSWER ABOVE ? Please get in touch with us using this Contact Form Back Let’s get started LASTING POWER OF ATTORNEY YOU CAN LOSE MENTAL CAPACITY AT ANY TIME There is a common misconception that losing mental capacity only happens to older people, whereas the reality is that losing mental capacity can happen to anyone at any age: * You could suffer an accident and be confined to bed or hospital * You could suffer a more serious accident which permanently incapacitates you * You could become mentally incapacitated as a result of an illness or for some other reason Something as common as a head injury that temporarily impairs the brain function can cause someone to lose capacity - it does not just relate to permanent degenerative conditions such as Alzheimer’s disease Back YOUR FAMILY CANNOT AUTOMATICALLY TAKE OVER Another common misconception is that a spouse or parent can just take over, but this could not be further from the truth The reality is that if you don’t have an LPA-PA and LPA-HW, and you suddenly become unable to manage your own affairs or take decisions regarding your health and welfare, then the only way that your financial affairs can be managed and/or your health decisions can be taken is by an application (by a relative or other person close to you) to the Court of Protection This can take up to a year, cost £1,000 or more to process, and in the end the person authorised to handle your affairs on your behalf is not only unlikely to be who you would have chosen, but may even be a Court Official - who can (and will) charge every time he/she acts for you Just to be clear: * If you’re married, your husband/wife cannot automatically act on your behalf * If you have parents, the same applies: they cannot automatically act on your behalf * If you have an adult child, or a sibling (even a twin), the same applies: they cannot automatically act on your behalf Back HOW AN LPA WORKS A Lasting Power of Attorney (‘an LPA’) is a legal document, in government-approved form, that lets you (the ‘donor’) appoint one or more people (known as ‘attorneys’) to make and implement (or help you make and implement) decisions on your behalf. It is signed & witnessed in a similar way to a Will Having an LPA avoids all of the stress, delay, and expense outlined above, and there are two types: * A Lasting Power of Attorney - Property & Financial Affairs (an LPA-PA): If you’ve made an LPA-PA (and you’ve registered it) then your attorneys can start managing your property and financial affairs straight away * A Lasting Power of Attorney - Health & Welfare (an LPA-HW): If you’ve made an LPA-HW (and you’ve registered it) then your attorneys can start taking health and welfare decisions on your behalf straight away It’ really important to have at least an LPA-PA, and in reality you should make an LPA-HW as well to ensure you’re fully covered for both your finances and your health & welfare Making an LPA using our service is remarkably reasonably-priced: * £89.99 for a Single LPA-PA, £89.99 for a Single LPA-HW * If you’re a couple, £129.99 for a pair of LPA-PAs, £129.99 for a pair of LPA-HWs You get all of the official documentation, correctly completed, plus full customised instructions for all of the necessary signing & witnessing, certification, registration etc. If you used a Solicitor you could pay up to ten times the above prices You can download a summary of the above here to print & read at your leisure, and we’ve also produced a more detailed document covering both the LPA-PA and the LPA-HW, which can be downloaded here Do you have a question about LPAs? Please get in touch and we’ll respond within 24 hours (and normally the same day) Back FLEXIBLE LIFE INTEREST TRUST WHAT IS A FLIT ? A Flexible Life Interest Trust (FLIT) has been described as "the ideal modern family trust", because it allows a person to benefit immediately on the death of their spouse/partner while at the same time protecting the assets for their children A FLIT gives the surviving spouse/partner (‘the survivor’, also sometimes referred to as ‘the life tenant’), a life interest in the assets contained in the estate of the first to die The trustees of the Will (i.e. the executors you appoint) are given the power to pay income and often capital to the survivor - as opposed to standard Mirror Wills where the survivor normally inherits everything straight away A FLIT is therefore very flexible and ideal where you want to provide for the survivor during their lifetime, whilst offering ongoing protection of (‘ring-fencing’) assets for your children Back HOW DOES A FLIT WORK ? Upon first death, the residue of the estate of the first to die is put into trust, and the survivor will be entitled to receive all income of the trust during their lifetime and will be treated as the main beneficiary; the trustees will still have discretion with regards to capital, which can be given directly or loaned to the survivor It is important to add that the flexibility of giving or lending capital does not extend to just the survivor but also to the others: for example, the trustees could exercise their discretion to use some of the trust funds to pay off a child’s mortgage On the death of the survivor, the trust automatically becomes a discretionary trust, with the children as beneficiaries Note that if you would like the trust funds to be distributed in a certain way or have concerns that you’d like your trustees to be aware of, this should be set out in a separate letter of wishes to be kept with (but not attached to) the Wills Back HOW IS A FLIT TAXED ? Inheritance Tax For inheritance tax (‘IHT’) purposes, the survivor is treated as having inherited the trust assets on the death of the first to die Note, though, that if the survivor is the deceased’s surviving spouse or civil partner, the spousal exemption will apply and there will be no IHT due at this point in time - meaning that the NRB will not be used: it will transfer to the survivor so it can be used on second death During the life of the survivor, no anniversary and exit charges will apply to the Trust Whilst the survivor is alive, the trustees and survivor may make some gifts from the trust to other beneficiaries to mitigate IHT: it is important to understand that these gifts will be considered as potentially exempt transfers (‘PETS’): if the survivor lives for a further 7 years after a gift, it will not be considered part of his/her estate for IHT purposes On the death of the survivor, the trust becomes a discretionary trust and is taxed with reference to what is known as ‘the relevant property regime’ - which means anniversary (every 10 years) and exit charges may apply: we suggest you take financial advice on this matter The Residence Nil Rate Band Where a main residence is left to a FLIT, the Residence Nil Rate Band (‘RNRB’) would normally not be available on second death, because on second death the assets pass to a discretionary trust and not to direct descendants absolutely However, our Wills allow you to get round this potential problem: basically, if you are going to need to use your RNRB to reduce your IHT bill, then we will create a clause within the Will which transfers your main residence into a simple Life Interest Trust (also known as a ‘Protective Property Trust’) so that your direct descendants do inherit the property absolutely (eventually) and so you can take advantage of the RNRB Back ADVANTAGES OF A FLIT * Ideal for protecting the assets of the estate not only on first death, but also on second death - as the trust turns into a discretionary trust and can therefore has the ability to benefit future generations * Protects the estate of the first to die in the event the survivor goes into care or bankrupt as the assets are owned by the trust and not the survivor * Also protects the assets from passing to a new spouse by either being gifted to them, as part of divorce proceedings or being left to the new spouse by Will or intestacy * The assets are protected for the benefit of the children from third party claims similar to that mentioned above, as the trust turns into a discretionary trust and therefore the assets still belong to the trust and not the individual beneficiaries * Where IHT is an issue for some beneficiaries, the trustees have the ability to loan the money to the beneficiary so it does not have any effect on the size of their own estate * The survivor can make gifts during their lifetime to reduce IHT payable * The FLIT allows for the trustees to convert some or all of the trust fund into another type of trust - so if IHT laws change in the future, the trustees can change how the fund is held, or the trustees could choose to end the trust early and distribute the assets to the survivor and to the children Back DISADVANTAGES OF A FLIT The main disadvantage of a FLIT is the future IHT liability that this creates, since assets in the FLIT would be treated as part of the survivor’s estate for IHT purposes - you should take financial advice regarding this matter if your estate is currently sufficiently large to be subject to IHT Back LEGAL COMMERCIAL & LEGAL ENQUIRIES CONTACT Our preferred method of contact for enquiries is this Contact Form Other contact details for enquiries: Portology Limited 7 Bell Yard London WC2A 2JR 020-3576-5392 enquiries@123mywill.co.uk Back DATA SECURITY & PRIVACY ViewHideBack 1. INTRODUCTION 1.1. This policy applies where we are acting as a data controller with respect to the personal data of our website visitors and service users; in other words, where we determine the purposes and means of the processing of that personal data. 1.2. We use cookies on our website. Insofar as those cookies are not strictly necessary for the provision of our website and services, we will ask you to consent to our use of cookies when you first visit our website. 1.3. Our website incorporates privacy controls which affect how we will process your personal data. By using the privacy controls, you can specify whether you would like to receive direct marketing communications. You can access the privacy controls by clicking the ‘unsubscribe’ link in any email from us. 1.4. In this policy, "we", "us" and "our" refer to Portology Limited trading as 123mywill.co.uk. For more information about us, see Section 11. 2. HOW WE USE YOUR PERSONAL DATA 2.1. In this Section 2 we have set out: •the general categories of personal data that we may process; •the purposes for which we may process personal data; and •the legal bases of the processing. 2.2. We may process data about your use of our website and services ("usage data"). The usage data may include your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use. The source of the usage data is Google Analytics. This usage data may be processed for the purposes of analysing the use of the website and services. The legal basis for this processing is our legitimate interests, namely monitoring and improving our website and services. 2.3. We may process your account data ("account data"). The account data may include your name and email address. The source of the account data is you. The account data may be processed for the purposes of operating our website, providing our services, ensuring the security of our website and services, maintaining back-ups of our databases and communicating with you. The legal basis for this processing is our legitimate interests, namely the transmission to you of the legal documents that you have purchased. 2.4. We may process your personal data that are provided in the course of the use of our services ("service data"). The service data may include your name, address, telephone number, email address, gender, date of birth, relationship status. The source of the service data is you. The service data may be processed for the purposes of operating our website, providing our services, ensuring the security of our website and services, maintaining back-ups of our databases and communicating with you. The legal basis for this processing is our legitimate interests, namely the creation and delivery of the legal documents that you have purchased and the provision of any other services that you may have purchased. 2.5. We may process information relating to our customer relationships, including customer contact information ("customer relationship data"). The customer relationship data may include name, address, telephone number, email address, gender, date of birth, relationship status. The source of the customer relationship data is you. The customer relationship data may be processed for the purposes of managing our relationships with customers, communicating with customers, keeping records of those communications and promoting our products and services to customers. The legal basis for this processing is our legitimate interests, namely the proper management of our customer relationships. 2.6. We may process information relating to transactions, including purchases of goods and services, that you enter into with us and/or through our website ("transaction data"). The transaction data may include your contact details, the last 4 digits of your card details, your Paypal account details and the transaction details. The transaction data may be processed for the purpose of supplying the purchased goods and services and keeping proper records of those transactions. The legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract and our legitimate interests, namely the proper administration of our website and business. 2.7. We may process information contained in or relating to any communication that you send to us ("correspondence data"). The correspondence data may include the communication content and metadata associated with the communication. Our website will generate the metadata associated with communications made using the website contact forms. The correspondence data may be processed for the purposes of communicating with you and record-keeping. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business and communications with users. 2.8. We may process the service data identified in this policy. This data may be processed for contacting you regarding changes in the law which may affect the legal documents that you have created using our website. The legal basis for this processing is consent. 2.9. We may process the service data identified in this policy. This data may be processed for contacting you regarding other products or services of ours which we feel may be of interest to you. The legal basis for this processing is consent. 2.10. We may process the service data identified in this policy. This data may be processed for contacting you regarding other products or services of third parties which we feel may be of interest to you. The legal basis for this processing is consent. 2.11. We may process any of your personal data identified in this policy where necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others. 2.12. We may process any of your personal data identified in this policy where necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, or obtaining professional advice. The legal basis for this processing is our legitimate interests, namely the proper protection of our business against risks. 2.13. In addition to the specific purposes for which we may process your personal data set out in this Section 2, we may also process any of your personal data where such processing is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. 2.14. Please do not supply any other person’s personal data to us, unless we prompt you to do so. 3. PROVIDING YOUR PERSONAL DATA TO OTHERS 3.1. Financial transactions relating to our website and services are handled by our payment services providers, Stripe and Paypal. We will share transaction data with our payment services providers only to the extent necessary for the purposes of processing your payments, refunding such payments and dealing with complaints and queries relating to such payments and refunds. You can find information about the payment services providers’ privacy policies and practices at www.stripe.com and www.paypal.com. 3.2. In addition to the specific disclosures of personal data set out in this Section 3, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. We may also disclose your personal data where such disclosure is necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. 4. RETAINING AND DELETING PERSONAL DATA 4.1. This Section 4 sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal data. 4.2. Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes. 4.3. We will retain your personal data as follows: •If you have not made a purchase from our website then your personal data will be retained for a minimum period of 12 months following the date when you first drafted your legal documents, and for a maximum period of 2 years following the same date. •If you have made a purchase from our website then we shall retain your personal data indefinitely 4.4. Notwithstanding the other provisions of this Section 4, we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. 5. AMENDMENTS 5.1. We may update this policy from time to time by publishing a new version on our website. 5.2. You should check this page occasionally to ensure you are happy with any changes to this policy. 5.3. We may notify you of significant changes to this policy by email or through the private messaging system on our website. 6. YOUR RIGHTS 6.1. In this Section 6, we have summarised the rights that you have under data protection law. Some of the rights are complex, and not all of the details have been included in our summaries. Accordingly, you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights. 6.2. Your principal rights under data protection law are: •the right to access; •the right to rectification; •the right to erasure; •the right to restrict processing; •the right to object to processing; •the right to data portability; •the right to complain to a supervisory authority; and •the right to withdraw consent. 6.3. You have the right to confirmation as to whether or not we process your personal data and, where we do, access to the personal data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of personal data concerned and the recipients of the personal data. Providing the rights and freedoms of others are not affected, we will supply to you a copy of your personal data. Online access will be provided free of charge on an unlimited basis, but an official copy in machine-readable format other than as provided for in Section 6.10 will be subject to a fee of £75+VAT. You can access your personal data online for free by paging through the online questionnaire when logged into our website. 6.4. You have the right to rectify any inaccurate personal data about you and, taking into account the purposes of the processing, to complete any incomplete personal data about you. 6.5. In some circumstances you have the right to the erasure of your personal data without undue delay. Those circumstances include: the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; you withdraw consent to consent-based processing; you object to the processing under certain rules of applicable data protection law; the processing is for direct marketing purposes; and the personal data have been unlawfully processed. However, there are exclusions of the right to erasure. The general exclusions include where processing is necessary: for exercising the right of freedom of expression and information; for compliance with a legal obligation; or for the establishment, exercise or defence of legal claims. You can erase your personal data by logging into your account and selecting the relevant option. 6.6. In some circumstances you have the right to restrict the processing of your personal data. Those circumstances are: you contest the accuracy of the personal data; processing is unlawful but you oppose erasure; we no longer need the personal data for the purposes of our processing, but you require personal data for the establishment, exercise or defence of legal claims; and you have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, we may continue to store your personal data. However, we will only otherwise process it: with your consent; for the establishment, exercise or defence of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest. 6.7. You have the right to object to our processing of your personal data on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for: the performance of a task carried out in the public interest or in the exercise of any official authority vested in us; or the purposes of the legitimate interests pursued by us or by a third party. If you make such an objection, we will cease to process the personal information unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defence of legal claims. 6.8. You have the right to object to our processing of your personal data for direct marketing purposes (including profiling for direct marketing purposes). If you make such an objection, we will cease to process your personal data for this purpose. 6.9. You have the right to object to our processing of your personal data for scientific or historical research purposes or statistical purposes on grounds relating to your particular situation, unless the processing is necessary for the performance of a task carried out for reasons of public interest. 6.10. To the extent that the legal basis for our processing of your personal data is: •consent; or •that the processing is necessary for the performance of a contract to which you are party or in order to take steps at your request prior to entering into a contract, and such processing is carried out by automated means, 6.11. have the right to receive your personal data from us in a structured, commonly used and machine-readable format. However, this right does not apply where it would adversely affect the rights and freedoms of others. 6.12. If you consider that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of your habitual residence, your place of work or the place of the alleged infringement. 6.13. To the extent that the legal basis for our processing of your personal information is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal. 6.14. You may exercise any of your rights in relation to your personal data by written notice to us using the Contact Form at our website, in addition to the other methods specified in this Section 6. 7. ABOUT COOKIES 7.1. A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server. 7.2. Cookies may be either "persistent" cookies or "session" cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed. 7.3. Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies. 8. COOKIES THAT WE USE 8.1. We use cookies for the following purposes: •Cookie consent - we use cookies to store your preferences in relation to the use of cookies more generally (the cookie used for this purpose is: 123-my-will-cookie-accepted). 9. COOKIES USED BY OUR SERVICE PROVIDERS 9.1. Our service providers use cookies and those cookies may be stored on your computer when you visit our website. 9.2. We use Google Analytics to analyse the use of our website. Google Analytics gathers information about website use by means of cookies. The information gathered relating to our website is used to create reports about the use of our website. Google’s privacy policy is available at: https://www.google.com/policies/privacy/. The relevant cookies are: __utmz, __utma, __utmc, __cfduid, uvc, _ga, _gid, _gat, AMP_TOKEN, _gac_. 10. MANAGING COOKIES 10.1. Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. You can however obtain up-to-date information about blocking and deleting cookies via these links: •https://support.google.com/chrome/answer/95647?hl=en (Chrome); •https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences (Firefox); •http://www.opera.com/help/tutorials/security/cookies/ (Opera); •https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies (Internet Explorer); •https://support.apple.com/kb/PH21411 (Safari);and •https://privacy.microsoft.com/en-us/windows-10-microsoft-edge-and-privacy (Edge). 10.2. Blocking all cookies will have a negative impact upon the usability of many websites. 10.3. If you block cookies, you will not be able to use all the features on our website. 11. OUR DETAILS 11.1. This website is owned and operated by Portology Limited. 11.2. We are registered in England under registration number 3419968, and our registered office is at 7 Bell Yard, London WC2A 2JR. 11.3. You can contact us using our website contact form. 12. DATA PROTECTION OFFICER 12.1. Our data protection officer may be contacted using our website contact form. TERMS & CONDITIONS ViewHideBack 1. ACCEPTANCE OF TERMS AND CONDITIONS OF USE 1.1. The Terms and Conditions of Use (‘TACOU’) are the only basis upon which Portology Limited of 7 Bell Yard, London WC2A 2JR (Incorporated in England, Company Registration Number 3419968) VAT Registration No. 232631927 (‘we/us’), will supply you with access to the 123mywill.co.uk website (‘the website’) to assist the legal person entering this Agreement whether an individual, a company or any other legal entity and including anyone reasonably appearing to us to be acting with your authority or permission (‘You’) in creating your own legal documents (‘Service’). 1.2. In checking or leaving checked the box on the ‘Document selection’ page (or any other page where the TACOU are displayed with a checkbox) of the website you agree to be bound by all TACOU of the Service. 1.3. By purchasing any services from the website you are entering into a contract the terms of which are described in these TACOU. If you do not agree to these TACOU, or you are under the age of 18, then you must not use or make a purchase from the website. 1.4. You may not make any changes to or modification of these terms. 2. LEGAL DOCUMENTS DISCLAIMERS AND LIMITED WARRANTY Services supplied through the website are subject to a number of conditions as described in this section. Your statutory rights are not affected. 2.1. LEGAL DOCUMENTS 2.1.1. The website supplies functionality enabling you to produce a Legal Document with a degree of customisation. Information and documentation supplied is to guide in the creation of Legal Documents but does not constitute legal, financial or tax advice. 2.2. SERVICE LIMITATIONS 2.2.1. The functionality and information supplied for your use in generating your Legal Document is unable to cover all individual circumstances. Should you be unsure on how such a Legal Document might affect you, we recommend that you obtain legal advice from a lawyer prior to signing the Legal Document. Any Legal Document produced by this site and executed without first obtaining legal advice or doing your own thorough legal research is done so entirely at your own risk, and you accept full responsibility should it prove to be unsuitable to your circumstances. Specialist legal advice should always be sought in relation to any particular circumstances. 2.2.2. Legal Documents generated by the Service will support all normal alphanumeric English characters, plus a limited number of foreign characters. If you require an unsupported accented character you will have to use the nearest English character and then make the alteration yourself, using either a black pen or a PDF Editor. This exercise (including any cost) will be your responsibility. 2.3. LEGAL JURISDICTION 2.3.1. The Legal Documents generated by the Service are designed to be suitable for the application of the laws of England and Wales. If you live or have assets outside England and Wales then you execute any document purchased using the Service entirely at your own risk. We will not normally process refunds for clients who have ignored or chosen not to read our comprehensive advice on this subject. All communication that we send to you will assume that you have read this notice. 2.4. LAW CHANGES 2.4.1. Statutory changes and constant changes due to case-law and/or‘reinterpretation’ of existing precedents, results in us not being able to guarantee that the Legal Documents or information will be up to date, complete or accurate. 3. ASSISTANCE 3.1. The process permitting you to produce your Legal Document(s) involves the use of an online ‘questionnaire’ which incorporates ‘Guidance Notes’. The reading and interpretation of the ‘Guidance Notes’ and the correct application of the advice therein to your particular situation is your responsibility. 3.2. Should you encounter any problems using the Service then you can seek assistance by contacting us using the ‘Contact’ facility on the website. When you use this facility, instructions are given for how to look out for and obtain our reply. We shall in no way be liable should you fail to read or correctly follow these instructions. Our reply should never be taken as containing any legal, financial or tax advice or opinions. 4. LIMITED WARRANTY We represent and warrant to use our best efforts to: •Prepare and maintain the website’s Legal Documents generation process with due care and skill. •Ensure the Legal Documents are reasonably fit for their stated purpose. •Review changes in the law and revise the website’s Legal Document generation process accordingly. 5. PRODUCT-SPECIFIC TERMS AND CONDITIONS 5.1. LASTING POWER OF ATTORNEY (‘LPA’) 5.1.1. To be legal, a Lasting Power of Attorney must be produced on the official Government Form (‘the LPA form’). Our service consists of:- •Selecting and collating into a single document the required pages from the LPA form based upon how you have completed our online questionnaire. •Completing the relevant sections of the selected pages and crossing out the sections that are not applicable thus creating a completed LPA document (‘the Completed Document’). •Providing Customised Instructions for the manual execution of the Completed Document (for example but not limited to the following: signing, witnessing and certification). 5.1.2. Our service does not include the registration fee (£82 per LPA document at the time of publication of these TACOU) which you must pay to The Office of the Public Guardian (‘The OPG’) if and when you register the Completed Document. 5.1.3. The OPG are always changing the format and layout of the LPA form, with at least 3 versions to date. Their normal policy when they do this is to introduce a transitional provision that permits the use of the ‘old’ LPA form for a period of time - normally about 6 months. 5.1.4. The way that they normally do this is that they state that the ‘old’ LPA form will continue to be accepted provided that the document is executed (i.e. signed, witnessed and certified etc.) before a certain date (‘the Deadline Date’). 5.1.5. Whenever the OPG bring out a new version of the LPA form, we will do the following:- •We will amend the Service to use the new version of the LPA form as soon as reasonably practical. •Where we continue to use the old version of the LPA form after the date that the new version of the LPA form has been introduced, we will include in the above-mentioned Customised Instructions all relevant information regarding what you must do before the Deadline Date in order for your LPA document to be legal. •It is your responsibility to read and act upon the information given and if you do not then you are entirely liable for any consequences. 5.1.6. We will not email customers who have previously purchased an LPA from us when the OPG brings out a new version of the LPA form. If you purchase an LPA from us on a version of the LPA form which was current at the date of purchase but which later (i.e. after your date of purchase) becomes superseded by a newer version and you execute it after the Deadline Date then you are entirely liable for any consequences irrespective of whether or not we informed you about the new version of the form. 5.1.7. For the avoidance of doubt, executing (i.e. signing, witnessing & certifying) all relevant sections of an LPA document (including, but not limited to, all signatures of all appointed attorneys and substitutes) in a timely fashion is your responsibility. 5.2. DOCUMENT CHECKING 5.2.1. If you purchase our ‘Document Checking’ service then we will check the versions of the documents that you submit at the same time as your payment, and email you with our comments. That email will conclude the delivery of the service. 5.2.2. For the avoidance of doubt, if you make corrections subsequent to receiving those comments then the checking of the new versions of your documents will incur a repeat fee should you require those new versions to be checked. 5.2.3. We shall check only that you have correctly followed the Guidance Notes available in the online questionnaire, and that you have not entered anything nonsensical. 5.2.4. We shall not check names, the spelling of names, genders, titles (Mr, Mrs, etc) or anything else that we could not be reasonably expected to know. 5.2.5. We are not privy to what you are actually trying to achieve with your legal documents, and therefore we cannot and will not check or comment on to what extent your document(s) match your requirements. 6. EXCLUSION OF LIABILITY 6.1. Neither we nor our suppliers or affiliates will be liable to you in contract, tort (including negligence) or otherwise for any indirect, consequential, special or incidental damage or loss arising from your use of or inability to use the website (including any of its contents) and/or any Legal Document, including (without limitation) loss of business or profits or anticipated savings, loss or corruption of data, loss caused by a virus, loss of or damage to property, claims of third parties, fines or penalties levied by any taxing or other authority or any other loss or damage. In particular, neither we nor our suppliers or affiliates will be liable for any Inheritance Tax liability incurred by your Estate as a result of the interpretation of your Will by the appropriate Tax authorities. 6.2. You acknowledge that you are in a better position than us to foresee and evaluate any potential damage or loss that you may suffer in connection with our site and that we, therefore, cannot adequately insure against such liabilities. 6.3. Notwithstanding the foregoing, our liability (including that of our affiliates and suppliers) to you in respect of losses or damages arising directly or indirectly from your use of or inability to use the website (including any of its contents) and/or any Legal Document, irrespective of whether such loss or damage is based on contract, tort (including negligence) or otherwise, shall be limited, in relation to any one incident or series of related incidents, to the lesser of (i) 125% of the amount paid by you for the Legal Document, or (ii) £1000. 6.4. Nothing in this Agreement limits our liability in relation to death or personal injury caused by our negligence. 7. GRANT OF LICENCE 7.1. You are granted a non-exclusive, not transferable licence by us to: •Print pages from this web site provided you do not remove or modify any copyright, notices, trade marks or other proprietary notices; •Bookmark any freely available page or link to it; •Use either Microsoft’s Internet Explorer or Google’s Chrome web browser or the Firefox web browser or the Safari web browser or some other browser to interact with the pages of the site. 7.2. Purchase of the right to generate a legal document results in you being granted a non-exclusive, not transferable licence by us to: •Use all the restricted access areas of the site to generate the associated legal document for a period of time reasonable to complete the document. •View all of the resulting legal document wording. •Download and/or print the legal document wording that has been generated. •Print guidelines explaining aspects of use of the legal document. •Save the legal document wording in electronic form. Note that ‘generate’ is defined as the creation of only one legal document which is then your responsibility to sign and make legal. 7.3. The above grant of licence form part of the user agreement. As such each is inextricably linked to your compliance with all other aspects of the TACOU. 8. INTELLECTUAL PROPERTY AND OWNERSHIP 8.1. You acknowledge and agree that the website content including but not limited to (1) text, (2) software, (3) photographs, (4) graphics, (5) page layout (6) design presented through and as part of the Service by us is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Specific examples of trademarks or trade names (and related logos) are ‘Portology Limited’ and ‘123mywill.co.uk’. 8.2. Such content received through the Service may be displayed, reformatted, and printed by you for your personal, non-commercial use only and at all times used solely in connection with the Service in accordance with the TACOU. 9. RESTRICTIONS Only use of the Service explicitly granted to you by the TACOU (or by us to you in writing) are allowed. All other uses are prohibited, including without limitation: •Any sale, licensing, rental or distribution of your access to the website. •Any publication, framing, reverse engineering or creation of derivative works from the website. 10. FEES AND PAYMENT 10.1. It is free for you to create a summary of a legal document using the Service. If you complete a payment, in line with the fees and payment procedure displayed on the website, you will be granted access to generate the relevant legal document. This access will be for a reasonable period to allow you to generate the legal document. All fees and payments quoted are inclusive of VAT unless specified otherwise. 10.2. Where we state that a checking fee must be paid if you wish us to re-check your documents after purchase and after any amendments made by you then that fee applies whether the said amendments are as a result of changes desired by you or as a result of corrections recommended by us. 11. RIGHT TO CANCEL AND REFUNDS 11.1. The instant that you click ‘Go to Payment’ (or similar) to make your payment for a product or service from us you enter into a contract governed by these TACOU and regulated by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. Under regulation 29(1) of the aforesaid regulations you have a right to cancel the contract provided that you notify us within 14 days of the day following the date of order (‘The Cancellation Period’). 11.2. However if, after purchase, you click the option to create your documents then under regulation 37(1) of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 you are giving your express consent to delivery of the digital element of your order (‘The Digital Element’) within the Cancellation Period and acknowledging that you lose your right to cancel The Digital Element under regulation 29(1) of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. 11.3. For the avoidance of doubt, if after payment you choose not to select the option to create your documents then you do have the right to cancel the ‘Will’ and/or ‘Lasting Power of Attorney’ (and/or any other) package(s) or service that you have ordered for electronic delivery provided that you do so within the Cancellation Period. 11.4. All cancellation requests must be communicated to us either via the ‘Contact’ facility of our website entering ‘Cancellation’ as the subject and quoting the order number or by completing and emailing a completed cancellation form to us. The email address is on the form. 11.5. Valid cancellation requests will result in a 100% refund, which will be paid within 14 days and wherever possible will be made to the payment method or card that you used to make your original payment. 11.6. Where you have no right to cancel, we will enforce our right to refuse any cancellation request that you submit to us. 11.7. The following additional terms will also apply regarding cancellation and refunds : •We will honour the ‘Money-back’ guarantee made at our website: if you find anything legally wrong with your Legal Document(s) and it’s our fault (i.e. you have correctly followed all of the ‘Guidance Notes’) then we will correct your document(s) and refund the payment(s) that you made for the document(s) which required correction. •We will not accept an otherwise invalid cancellation request made solely on the basis that you have found a product or service elsewhere similar to ours and at a lower price (or even free). •If you think that you have duplicated your purchase then it is your responsibility to prove so by supplying us with the transaction IDs for all of the payments that you say that you have made. We will then verify in our database that the duplicate payments were for exactly the same product(s) and the names on the document(s) were exactly the same. Unless you provide the said transaction IDs and unless our subsequent verification proves positive (i.e. duplicate payments for the same product(s) for the same named person(s)), no refund for the alleged duplicate payment(s) will be made. •If you duplicate your purchase and we make a refund of the duplicate purchase then we shall charge a £40 administration fee (‘the Administration Fee’) to cover the cost of removing duplicate data. This amount will be deducted from any refund made. If the Administration Fee is greater than the original fee paid by you then no refund will be made. •If having received a refund you come back and re-use the Service we shall charge a £30 administration fee if we decide to refund you again. If you then repeat the re-use of the Service we shall not make a refund. •Any other goods or services not specifically covered in this Section 11 of the TACOU where you (a) consent to delivery within the Cancellation Period and (b) acknowledge the loss of your right to cancellation prior to or immediately after making your payment will be dealt with under regulation 37(1) of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 - namely you will have no right to cancel and we will not accept any cancellation request and we shall not make a refund. 12. ATTEMPTING TO BYPASS THESE TACOU 12.1. Once you have selected the option to create your documents then they will be delivered exactly as described. If you ask for a cancellation/refund and are not due one under these TACOU and are therefore refused, and you subsequently file a claim with your payment provider stating that the goods/service was ‘not as described’ or ‘not delivered’ or something similar then we shall consider such a claim to be both (a) clearly untrue and (b) a clear attempt to bypass these TACOU. Defending such a claim will incur time, cost and effort on our part. If we successfully defend your claim then we shall pass the cost thereof on to you as follows:- •We shall invoice you for the time taken to submit our response in order to refute your claim at £25+VAT per half hour, minimum 2 hours •The invoice will be sent by email •If not paid within 30 days, we shall add £20+VAT to the invoice and re-send it by email •If not paid within a further 30 days, we shall add £25+VAT to the invoice and re-send it by recorded delivery •If not paid within a further 30 days, we shall add £100+VAT to the invoice and pass it on to a debt collection agency, instructing them to add interest at an annual rate of the Bank of England ‘Current Bank Rate’ plus 8 percent, plus their costs, and to collect the debt via court action if necessary. 12.2. If we unsuccessfully defend your claim then the products and services that you have obtained from us will, in effect, not have been paid for. In that instance we shall add the cost of those products and services to the above invoice and proceed in the same manner. 12.3. In exceptional cases we shall also report you to the Police under Section 11 of the Fraud Act (2006) for attempting to obtain services dishonestly. The maximum sentence for a Section 11 offence is five years’ imprisonment. 13. OTHER DISCLAIMERS 13.1. We are unable to guarantee that the website will be compatible with your browser or that your access will be uninterrupted. Specifically, you may find browsers on ‘tablet’ computers to be particularly unreliable. In all cases where you encounter a problem accessing the website and/or its services from your browser it is your responsibility to find an alternative computer and/or browser. 13.2. The website may incorporate hyperlinks to other websites. We make no representations or endorsements and accept no responsibility for the content or use of any such external site accessed through ours. You acknowledge that we have no control over the content on external sites we may link to. 13.3. Our normal communication with you - including the comments of a professionally qualified Willwriter on reviewing your legal document(s) (‘ our normal communications ’) - will be via email and via our online ‘Contact’ system. It is your responsibility to ensure that your ‘spam’ filters do not block emails from us and to act on any comments made - which will be given without liability. For the avoidance of doubt, should you wish to contact us then this must be done via the ‘Contact’ facility at the website. We reserve the right to ignore all other forms of contact, whether or not they arrive at our offices. 13.4. It is your responsibility to enter your email address correctly when you use the Service and, should your email address change, to amend it in our database by logging in and selecting the appropriate Admin function. We will not be responsible for the failure of any communication from us to reach you as a result of you having incorrectly entered your email address or failed to keep it up to date, and we will charge an administration fee of £40 (‘the email address change fee’) for any administrative tasks or corrections that have to be carried out by us as a result of your failing to fulfil your aforesaid obligation to enter your email address correctly and keep it up to date in our database. 13.5. The email address change fee includes (but is not limited to) us verifying your original details and email address(es) under which you hold data in our database and if as a result of such verification we are unable for any reason (including, but not limited to, your data already being held under the ‘new’ email address you are requesting us to change your account to OR us being unable to find any account in our database containing your data) then the overwhelming majority of the administrative work required will already have been carried out and therefore the email address change fee will not be refunded. 13.6. Except where expressly stated, all corrections and amendments to legal documents are your responsibility and must be carried out by logging back into the Service, working through the appropriate questionnaire, and re-generating new versions of your legal documents (which must then of course be downloaded, printed, signed and witnessed etc. according to the instructions provided). 13.7. If you decline the opportunity to have one of our professionally qualified Willwriters check the your legal document(s), then you do so entirely at your own risk and we shall not in any way be liable for any consequences. 13.8. All documents produced by the Service use, where appropriate, phrases and clauses with decades of legal precedence. The wording of these phrases and clauses is to be regarded as fixed. For the avoidance of doubt, the Service will not permit you to change them. For the further avoidance of doubt, we shall not customise them for you. 13.9. Except where expressly stated, all documents will be delivered in non-editable PDF format. Should you wish to edit the wording of your document outside of the sections that can be edited in the online questionnaire provided by the Service(for example, but not limited to, the ‘fixed phrases and clauses’ mentioned above), you must convert the document into a format suitable for editing (e.g. MS-Word) yourself. You then take on full responsibility for the consequences of any changes to the original document that you make, and for the avoidance of doubt we will neither check nor pass any comment on the resulting document. 13.10. Should we need to contact you on any matter more pressing that our normal communications then we shall first email you at the email address that we hold in our database for you and then in some cases also write to you by Registered Post or Recorded Delivery (or equivalent) at the postal address that we hold in our database for you. It is your responsibility to keep both of these addresses up to date in our database and to ensure that you can receive and read (or have read to you) all communications sent to you by us via these routes. In particular:- •Any communication sent by email by us to you at the email address that we hold in our database for you (i.e. the one entered by you either when you registered with us or when you placed your order) will be deemed to have been delivered to and read by you and; •Any communication sent by Recorded Delivery (or equivalent) by us to you at the postal address that we hold in our database for you will be deemed by us to have been delivered to and read by you whether or not we receive a confirmation or proof of delivery. 13.11. If you fail to act on any communication from us to you which we have deemed to have been delivered to and read by you then we shall not in any way be liable for any consequences. 13.12. Except where expressly specified, the Service does not include the processing or the payment of costs and/or fees for execution, attestation, registration, probate application etc. You are responsible for all such processing of the legal documents and you are responsible for the payment of all such fees. 13.13. When you contact us via our online ‘Contact’ system, a conversation is initiated in our ‘Contact’ system and you are given the ‘URL’ of your ‘Conversation’ (‘the Conversation URL’) immediately you submit your message. 13.14. When we respond an email (‘the response email’) will be sent to the email address you entered when you initiated the conversation, telling you that we have responded and reminding you of the Conversation URL - i.e. where you can find our response. 13.15. We reserve the right to amend at any time the email address you entered when initiating the conversation if it has obviously been incorrectly entered (e.g. ‘jsmith@gmil.com’) or for any other reason and in that case the response email may be sent to the amended email address. 13.16. As there are clearly numerous reasons why you may not receive the response email (e.g. you entered your email address incorrectly, the response email arrives in your ‘Spam’ or ‘Junk’ mail folder and you fail to spot it, etc.)it is your responsibility to record the Conversation URL and to monitor it for our response. 13.17. Where you use the website to make a Will or Wills it is your responsibility to determine the extent of your estate and it is your responsibility to determine and make available to your personal representatives proof of property ownership and to evaluate the nature and repercussions of any jointly-owned property. 13.18. Each document produced by the Service comes with detailed instructions for where (if anywhere) to send it to after execution (e.g. LPAs should be sent to the Office of the Public Guardian for registration). No document should ever be sent to our company office. 13.19. If you ignore these instructions and instead physically send (i.e. post, send by recorded delivery, etc.) any document to us at our company office then we shall give you 14 days to pay an administration and handling fee of £40 whereupon we shall return the documents to you by recorded delivery. If you fail to pay the £40 fee within the aforementioned 14 days then we shall destroy or otherwise dispose of the documents and not be liable for any consequences of us so-doing. 13.20. As the delivery of documents purchased by you from the service and transmitted by us to you via email is subject to elements beyond our control such as spam filters, you accept that any document purchased by you will be deemed to have been delivered if any of the following are true: •The transmission of the email sent by us to you containing the download link(s) for document(s) has been recorded in our database or; •A download link permitting successful download of the document(s) was provided after the processing of your payment and you clicking the ‘Create Documents’ (or similarly-worded) button. 14. MEMBER PRIVACY 14.1. You are responsible for maintaining the confidentiality of your password and account. Furthermore, you are responsible for any and all Member accessible activities that occur under your account. You agree to notify us immediately on becoming aware of any unauthorised use of your password or account or any other breach of security. 14.2. You agree that Portology Limited and its authorised employees and agents can access your account, including its contents as stated above, to respond to support queries or technical issues or to fulfil the obligations under this Agreement. We reserve the right at all times to monitor, review, retain, and/or disclose in good faith any information if we believe that such action or disclosure is necessary to conform to legal and government requirements, or to protect and defend the rights or property of Portology Limited or enforce the TACOU. 14.3. Your personal details provided to us will not be sold or otherwise distributed to third parties. 14.4. To learn more about how the Service deals with privacy then please see our Privacy Policy in the ‘Site Security &Privacy’ section on the website. 15. SERVICE SUSPENSION AND TERMINATION 15.1. You agree that Portology Limited, in its sole discretion, may terminate your password, account or use of the Service, and remove and discard any content within the Service, for any reason, including without limitation, if Portology Limited believes that you have violated or acted inconsistently with the letter or spirit of the TACOU. 15.2. It may be necessary to suspend access to the Service for the purposes of maintenance or other reasons. Notice may or may not be given of suspension. Should we discontinue the Service we will use all reasonable endeavours to give fair notice of termination of access to the Service. Either sufficient notice will be provided to allow completion of purchased legal documents or refunds associated with such documents will be paid. Further you agree that $com->{company_name}shall not be liable to you or any third party for any termination or suspension of access to the Service or modification of the Service. 15.3. You agree that Portology Limited, in its sole discretion, may terminate your password, account or use of the Service, and remove and discard any information and content you have stored within the Service if you abuse any member of our staff either verbally or via email or via our online ‘Contact’ or ‘Customer Response’ system or by any other means or if you ‘spam’ (i.e. send repeated and repetitive messages to) our company either via email or via our online ‘Contact’ facility. 15.4. Should we cease to trade for any reason including the winding up of the company then these TACOU and all of our obligations contained therein shall immediately cease as will access to the website. Should such an event occur as a result of a decision taken by us then we shall inform you by email at least 60 days prior to the event using the email address for you held in our database at the time. It is your responsibility to ensure that you will receive and read the aforementioned email and it will also be your responsibility to take any action you deem necessary such as taking a copy of the details that you used to create your legal document(s) prior to our termination of access to the website. 16. IMPACT OF INVALIDITY You understand and agree that if any provision of these TACOU is judicially declared to be invalid, unenforceable or void, such declaration shall not have the effect of invalidating or voiding the remainder of these TACOU, and the part or parts of these TACOU so held to be invalid, unenforceable or void shall be deemed to have been deleted from these TACOU, and the remainder of these TACOU shall have the same force and effect as if such part or parts had never been included. 17. GOVERNING LAW These TACOU shall be governed in all respects by English Law and both parties submit to the exclusive jurisdiction of the English Courts. 18. SOCIETY OF WILLWRITERS Portology Limited is a member of the Society of Willwriters and adheres to its Code of Practice. Any complaints regarding these TACOU should first be made using our published Complaints Procedure. 19. ENTIRE AGREEMENT These TACOU, together with the Privacy Policy, constitute the entire agreement between you and Portology Limited in relation to your use of this website and its services, and supersedes any previous agreement, inducements or understanding between you and Portology Limited. 20. VARIATIONS TO THESE TERMS AND CONDITIONS OF USE We reserve the right to vary these TACOU from time to time. Such variations will take effect immediately upon the posting of the varied Terms and Conditions upon the website. In accepting these TACOU, you are deemed to accept such variations. COMPLAINTS PROCEDURE ViewHideBack All Complaints regarding our service must be made by completing this Form Your complaint must include the word ‘Complaint’ in the Subject field and the Message field must contain details of the date and time of your purchase and if possible the Transaction ID for your payment as this latter piece of information will allow us to identify the details of your purchase more quickly. We will acknowledge receipt of your complaint within 7 working days. We will then fully respond to your complaint within 14 working days. If we uphold your complaint, we will - if possible - correct the error in your Legal documentation. We will also process of a full refund to the payment method used to make the original purchase. If we do not uphold your complaint, we will give you detailed reasons. If you disagree, you should then contact us again using the method outlined above with your reasons. If you are still not satisfied with our response, then you have the right to refer your complaint the Society of Willwriters. (Note: Although advisable, you do not have to pursue complaints through the procedures laid out above and you may pursue other options, such as independent arbitration or court action, at any time) CANCELLATION FORM ViewHideBack Cancellation requests can be made either by: (a) Completing this form with the word ‘Cancellation’ in the subject or; (b) Downloading and completing this form and emailing it to the email address on the form COPYRIGHT © 2002-2024 123MYWILL Registered with the IP Rights Office Copyright Registration Service Ref: 33304301011 Back Copyright © 2024 123MyWill LoginContact Back Copyright © 2024 123MyWill This website uses cookies to ensure you get the best experience and will not work properly without them Got it! Got it! Loading Please wait Please Wait ... loading ... 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