Terms & Conditions
Only Wills Ltd Online Will Writing Service
You should read these terms and conditions carefully – by purchasing a Will using this online Will Writing service you confirm that you accept these terms and conditions and agree to abide by them.
In these terms and conditions:
- a) ‘We’, ‘Us’ or ‘Our’ refer to Only Wills
- b) ‘You’ means you, the individual who contracts with us to use the Service
- c) ‘Service’ means the online Will Writing Service
- d) ‘Will Interview Questionnaire’ means the online questionnaire completed by you
- e) ‘Will Generation Software’ means the software used to operate the Service
- f) and which is licensed to us by the Licensor
- g) ‘Will Pack’ means the Will, Explanation of Clause Meanings and signing instructions
- h) ‘Site’ means the website hosting the Service
- i) ‘the Licensor’ means Will Writer Pro Limited
- You may only use the Service if you:
- are domiciled in England and Wales;
- are over 18 years of age;
- are able to read, write and see;
- understand the English language; and
- require your Will to be governed by the law of England and Wales.
- Save where we may otherwise advise you, you should not use the Service if:
- you own property outside of England and Wales;
- you intend to leave England and Wales on a permanent basis;
- you have business or farming interests;
- you wish to leave any land, building, timeshare or intellectual property as a separate gift;
- you wish to leave anything of value to a person who has a learning disability and/or is dependent on means tested benefits; or
- the value of your estate exceeds the current Inheritance Tax threshold (£325,000) or, if you are married or in a civil partnership, or widowed, your joint estate exceeds twice the current Inheritance Tax threshold (£650,000).
- Access to the Service is only intended for use by you and you can only use the Service to make your Will.
- Payment for the Service may only be made by a debit or credit card in your name.
- By using the Service you confirm that you:
- are not subject to coercion or undue influence;
- understand the nature and purpose of making a Will;
- have sufficient mental capacity to make and execute a Will; and
- have not been influenced by anyone in answering the questions or providing information.
- We reserve the right to refuse to process any submitted Will Interview Questionnaire or prepare any Will at our absolute discretion. In the event of the exercise of this right we will refund any payment you have made and cancel your application.
- Your Will is prepared automatically and in reliance upon the information provided by you in your completed Will Interview Questionnaire and it is, therefore, extremely important that you ensure that all information you provide is accurate and complete. Any inaccuracies, errors, or omissions may affect the validity or efficacy of your Will and/or the disposal of your estate.
- Wills created under this service are legally checked by a Will specialist, printed, bound and posted to you for signature as part of the Will Pack. We will post your Will Pack to you at the address provided by you by First Class Post and we aim to do so within 3 working days of the expiry of the period of time referred to in 10 below.
- We reserve the right to change, add to or amend the options or designations offered by the Service and/or the charges for the Service without notice at any time.
- Once you have made payment for the Service you will have the opportunity to change the information in your Will Interview Questionnaire for a period of 24 hours:
- The generation of a Will under this service does not constitute legal advice and we cannot accept responsibility for the appropriateness of such Will. It is your responsibility to review the Will document carefully before signing to check that the document that has been generated accords with the answers you provided to the questions and accurately records your testamentary wishes.
- If on reviewing your completed Will Interview Questionnaire and any additional instructions or comments submitted or raised by you, additional time is required to complete your Will, we reserve the right to make an additional charge. Before any work is undertaken, we will provide you with an estimate of such additional charge, and if this is not acceptable to you we will refund sums paid by you and cancel your application.
- Please note that Wills are drafted under and in compliance with the laws of England and Wales. If you require your Will to be governed by the law of another country or by religious laws this Service is not appropriate, and you must not use this Service.
- Your Will Pack includes detailed instructions for the execution of the Will and these must be strictly adhered to. We accept no liability whatsoever for any loss arising out of a failure to fully observe such instructions. Should a beneficiary suffer a loss as a result of your failure to follow the instructions, you or your estate will indemnify us in respect of any claim made by that beneficiary.
- We accept no responsibility for any loss caused by your failure to execute the Will in good time or at all. Should a beneficiary suffer a loss as a result of your failure to execute the Will in good time or at all, you or your estate will indemnify us in respect of any claim made by that beneficiary.
- Please note we are not obliged to contact you if there are any changes to UK legislation, including tax legislation, which may have an effect on the provisions or effect of your Will, but we may choose to do so. 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 not contacting you in these circumstances.
- The Service is offered solely to you for your benefit and that of your beneficiaries under your Will and we do not assume any liability to any person other than you and your beneficiaries under your Will in relation to any advice we may 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 given in the course of the Service. Any advice we may give is confidential to you and we 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 communications 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.
Consent to sharing information (mirror Wills Only)
- When applying for a Mirror Will through the Service your spouse/partner/civil partner and you will receive shared information including sight of each other’s Will. In agreeing to these Terms and Conditions you are giving consent to such sharing of confidential information.
Limitation of Liability
- We accept no responsibility for the content of, advice given, or goods or services offered by any website linked to the Site and accept no liability for any loss incurred by you in respect of any such content, advice, goods or services.
Consumer Contracts Regulations
- By accepting these terms and conditions you agree to give us authority to commence work within the 14 day cancellation period and understand that you will not be entitled to a refund if you cancel your order within this period. Therefore, by accepting these terms and conditions you agree that your right to cancel the contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 does not apply to Documents purchased from us.
- All information provided by you to us in connection with the Service, including the information given in the Will Interview Questionnaire, will be used by us in the course of providing the Service, including, if appropriate, the storage of your Will.
- We hold your details as data controllers.
- We use your details for the purposes of:
- providing the Service to you;
- generally monitoring the Service;
- analysis to help us manage our business;
- statutory returns;
- legal and regulatory compliance; and
- keeping you informed about our services.
- We comply with all relevant Data Protection Legislation including GDPR ensuring that all personal data is handled in line with the principles of the legislation.
- You have the right of access to your personal records held by us by making a request in writing to:
The Compliance Officer
52 Nailsea Park
Intellectual Property Rights
- We are the licensee of all intellectual property rights in the Service. The Licensor’s Site and the Will Generation Software, which remain the sole property of the Licensor, and the content, or any part thereof, must not be reproduced. Intellectual property rights include, without limitation, copyright, trademarks, patents, patent applications, the underlying software, the design, graphics, look and feel and structure of the Site and the Service, database rights, and design rights.
- For the avoidance of doubt, the Licensor is not a party to this Agreement and has no liability to you in relation to the Service.