Gerard James Estate Planning Ltd works in association with Countrywide Tax and Trust Corporation Ltd

Terms of Business

Terms of Business

These Terms of Business set out how Gerard James Estate Planning Limited, referred to as the Company, will handle your instructions. By instructing us you accept these Terms of Business together with any engagement letter or client agreement that we issue to you. If there is any conflict between these Terms of Business and an engagement letter, the engagement letter will take precedence.

We may amend these Terms of Business from time to time. We will tell you if any change affects your current matter. Updated copies are available on request.

1. Services we provide

We will prepare legal documents in accordance with the instructions you provide to us either electronically or on paper. This may include:

  • drafting wills
  • creating trusts
  • preparing lasting powers of attorney
  • providing estate planning guidance, including inheritance tax advice of a general nature
  • assisting with estate administration where agreed
  • preparing other documents as set out in your engagement letter

After receiving your completed order and payment, we will send you an Order Summary for checking. This will set out the basic information to be contained in your documents such as names, addresses and relationships. The Order Summary will also confirm the date we will begin to process your documents. We will begin work on that date whether or not you have confirmed the accuracy of the Order Summary.

2. What you will receive

  • your engrossed legal documents
  • instructions on how to execute them correctly
  • confirmation of receipt of your order

3. Joint instructions

Where instructions are taken jointly from more than one client, for example for mirror wills or linked documents, each client agrees that:

  • the Company may act for all clients involved
  • information provided by one client will not be treated as confidential from the others
  • there was no unresolved conflict at the point of instruction
  • if a conflict later arises, the Company may be unable to continue acting for both or all clients

4. What we do not provide

We do not automatically update your legal documents if your circumstances change. You should contact us if any material change occurs. Examples include:

  • the death of a trustee or beneficiary
  • the imminent retirement of a trustee
  • a major change in health or entry into long term care by a trustee
  • the birth or adoption of a child or grandchild
  • marriage, separation or divorce
  • future inheritances that may affect your arrangements
  • a change in financial circumstances of you, your trustees or your beneficiaries

5. Fees and costs

The cost to you will be detailed by Countrywide Tax and Trust Corporation Limited at the point of sale. A receipt will be provided. Additional charges may arise for disbursements or other expenses. You are responsible for all fees, disbursements and expenses incurred throughout your matter.

Where we are instructed by more than one person, instructions are joint and several. We may seek payment from any one party for outstanding costs, disbursements or expenses.

6. Payment

Payment may be made by debit or credit card, bank transfer or cheque.

7. Rights of cancellation

You may cancel your agreement with us within fourteen calendar days of payment. You must do so in writing, including by email.

You may choose to:

  • instruct us to proceed immediately, in which case you will lose the right to cancel once work has begun
  • take no action for fourteen days after receiving your documents and cancellation forms, in which case we will begin preparing your documents at the end of that period

If you choose not to proceed immediately and you do not survive the fourteen day cancellation period, no claim can be brought by your estate or beneficiaries for work not completed as a result of your choice.

8. After sales

If we have made an error in the drafting of your documents or if you require cosmetic amendments, you should contact us immediately on receipt. We will correct any error or make reasonable amendments.

9. Identification requirements and money laundering

We may need to obtain evidence of identity for you and any relevant third parties in order to comply with the Money Laundering Regulations 2007 and any other statutory obligations. Requirements vary by case. We may ask for additional documentation where necessary.

10. Confidentiality and data protection

We will treat your personal data confidentially and use it only to complete your instructions, fulfil our legal duties and manage our relationship with you. Details are set out in our Privacy Statement.

Your information may be disclosed to third parties involved in fulfilling your instructions, to auditors or to authorities where legally required. All organisations are required to maintain confidentiality and comply with the UK General Data Protection Regulation.

If we hold sensitive personal data such as medical records, we will only disclose it with your permission.

We may communicate with you by email if you are content for us to do so. Email carries risks such as misdirection and viruses. Although we use anti-virus software, we cannot accept responsibility for email-related risks.

11. File retention and retrieval

We may levy a charge for retrieving a file from storage or for sending papers to you or a third party. Postage may need to be paid in advance. We will not release material to any third party without your written consent. Anyone collecting documents must provide photo identification.

12. Storage and security of originals

If you ask us to store original documents such as wills, lasting powers of attorney or deeds, we will store them securely, keep a record of their location and return them on request. We may charge a reasonable fee for storage where applicable. You are responsible for ensuring your executors or attorneys know where your documents are stored.

13. Limitation of liability

We will not exclude or limit liability for death or personal injury caused by our negligence, fraude or any other liability that cannot be limited by law.

Our liability to you for work undertaken is limited to £2m. You accept that you cannot claim more than this amount from us or from our insurers, and you cannot bring any claim against staff personally.

Any claim must be brought within three years of the alleged act or omission, or within twelve months of becoming aware of it.

14. Complaints

If you are dissatisfied with our service or charges, you should raise this with the person who took your instructions within six months of completion of your order. If this does not resolve your concern, you should contact our Office at:

Mr Gerard O’Halloran
Gerard James Estate Planning Limited
47 Spencefield Lane
Leicester
Leicestershire
LE5 6PT

15. Conflicts of interest

We seek to avoid conflicts of interest. If we become aware of any conflict we will advise you. In some circumstances we may need to stop acting. If you have any concerns about a possible conflict, please contact your adviser.

16. Changes in the law

We will not automatically remind you of changes in the law that may affect your documents unless you have given us specific written instructions to review and report on changes or to act before a critical date.

17. Governing law and jurisdiction

These Terms of Business and any non-contractual obligations arising from them are governed by English law. Any dispute will be subject to the exclusive jurisdiction of the courts of England and Wales.

18. Contact details

Name:
Gerard James Estate Planning Limited
Address:
47 Spencefield Lane, Leicester, Leicestershire, LE5 6PT, United Kingdom
Email:
info@gerardjamesestateplanning.co.uk
Telephone:
07905 748073