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Terms

Terms of business

Who we are

KinHaven Wills and Estates provides will writing, lasting power of attorney and estate planning services in England and Wales. We do not administer estates; we introduce executors to independent regulated firms. We are not a firm of solicitors and are not regulated by the Solicitors Regulation Authority.

What we do and don't do

For a will we take your instructions, advise on your will and its tax effect, draft it, explain it, check it has been signed correctly, store it and register it. We don't carry out reserved legal activities such as applying for probate for a fee, transferring land at HM Land Registry or going to court, we don't administer estates, and we don't give financial or investment advice. We can introduce you to an independent regulated firm and will tell you in writing about any referral fee before you agree.

Trust registration. If your will creates a trust, it may need to be registered with HMRC's Trust Registration Service, usually within 90 days of it starting or becoming liable for tax. Registration is not included in our will fee. It is the trustees' responsibility, unless they ask us for our trust registration support (£85 per application).

Tax advice. Our advice on inheritance tax is based on the law at the time we prepare your will. Tax rules change, and we won't monitor future changes for you, so please review your will every 3 to 5 years or when your circumstances change.

We rely on the information you give us being complete and accurate. We will speak to you alone for part of your call and may decline to act if we believe you are under pressure or may lack capacity. In some cases, for example because of age or health, we will recommend a short report from your doctor confirming that you understand your will (the "Golden Rule"). The doctor's fee is paid by you. If you decide not to get one, we will confirm our recommendation in writing and you can still go ahead.

Fees and payment

Our fees are fixed and confirmed in writing before we start. They include one round of changes, checking your signed will, storage and registration. Extra work is quoted and agreed first. Expedited service: if you choose it, we send your drafts within 2 working days of your advice call instead of 5, and add 30% to our fixed fee (not to government fees or other disbursements). The deadline starts once we have everything we need from you. If we miss it through our own fault, we refund the extra 30%. Home signing visits are available in Bedfordshire and within 50 miles of it. We visit only to supervise signing; advice is given by phone or video. Payment: we invoice you when you approve your drafts. Payment is due by bank transfer within 7 days, and before we release your signing pack or attend a signing appointment. Government fees we pay for you, such as the £92 OPG fee per LPA, are shown separately at cost. If you cancel after we have started, we charge a fair proportion of the fee for work done. We will never change our bank details by email.

Your right to cancel

You can cancel within 14 days of instructing us, without giving a reason, by emailing [EMAIL]. If you ask us to start work within the 14 days, you pay for work done up to cancelling. If we have completed the service at your request within the 14 days, you lose the right to cancel. Refunds are made within 14 days.

Our responsibility

We act with reasonable skill and care. Our liability is limited to £[AMOUNT], except that nothing limits liability for death or personal injury caused by negligence, for fraud, or where the law doesn't allow it. We aren't responsible for losses caused by incorrect information you give us, or by a will signed without following our instructions. We aren't responsible for delay caused by you, for example in answering our questions, approving your drafts or signing your will.

Keep your will up to date. Marriage or civil partnership cancels an existing will unless it was made with that marriage in mind, and divorce changes how a will works. Please tell us about marriage, divorce, new children, deaths or big changes in what you own, so we can advise whether your will needs updating. We are not responsible for a will that is out of date because we weren't told about a change.

What your will does and doesn't cover

Assets outside your will. Some assets don't pass under your will, including property and bank accounts you own as joint tenants (these pass automatically to the other owner), pensions and life policies paid under a nomination or trust, and some discretionary benefits. If you own a share of property as tenants in common, your share does pass under your will. We'll ask about these on your call.

Divorce. Divorce or dissolution of a civil partnership does not cancel your will, but your former spouse or civil partner is treated as if they had died before you, unless your will says otherwise. Please review your will if you separate.

Challenges to a will. A will can be challenged, most often on the grounds that the person lacked mental capacity, did not know and approve its contents, or was pressured (undue influence). Certain family members and dependants can also ask the court for reasonable financial provision if they have been left out. If you think a challenge or claim is possible, we will recommend writing a letter explaining your reasons, and in some cases a report from your doctor, to keep with your will.

Referrals and conflicts of interest

When we refer you to another firm, for example an SRA-regulated solicitors' firm for probate or conveyancing:

  • we choose firms we believe are reputable and suitable for your needs, but we do not search the whole market;
  • you contract with and pay that firm directly, and it is responsible for its own advice and work;
  • the firm may pay us a referral fee if you instruct it, and we will tell you the amount in writing before you decide;
  • we will only pass your details to the firm with your consent, and you are always free to use any other firm.

Lasting powers of attorney

We prepare LPAs on the official government forms and send them to the Office of the Public Guardian (OPG). Registration is decided by the OPG, not by us. The OPG's registration fee is separate from our fee and is paid by you directly to the OPG. We deal with small corrections the OPG asks for at no extra cost.

If the OPG cannot register your LPA: if it is because of our error, we prepare a new LPA free and pay the OPG's repeat application fee. If it is because of a signing error, such as pages signed in the wrong order or not witnessed despite our signing guide, we prepare a new LPA for a reduced fee of £[75] and you pay the OPG's repeat fee (currently half the standard fee if you reapply within 3 months). If the OPG removes wording you chose, such as an instruction we advised against, we help you consent to its removal and our fee is not refundable.

Objections and Court of Protection applications are outside our service; we will refer you to a regulated firm. With our Check service, you remain responsible for the information you enter and for signing correctly.

Storage

We store your original will [for as long as you are our client]. We release it only to you on written request with ID, or after your death to your executors on sight of the death certificate and proof of identity. While we store your will, we will email you once a year to remind you to review it.

Releasing your original will. To protect you, we will only release your original will after checking identity. While you are alive, we need your signed written request and proof of your identity (photo ID and a recent proof of address). After your death, we need the death certificate and proof of identity for your executors. You can collect it by appointment, or we can send it by recorded delivery for an administration and postage fee of £20 plus VAT.

Complaints

Contact Furqan Haider at [EMAIL]. We acknowledge complaints within 3 working days, reply in full within 15 working days (and always within 8 weeks), and offer a second review if you're not satisfied. Read our complaints procedure.

Rights of third parties

This agreement is between you and KinHaven Wills and Estates. No one else, including your executors, beneficiaries or family, has the right to enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999. This does not affect any other right or remedy that exists apart from that Act.

Law

These terms are governed by the law of England and Wales.