Terms of Business / Retainer (Client copy – unsigned)
The following standard terms of business apply to all instructions accepted by the Company. All work carried out in the provision of Will Writing Services is subject to these terms except where changes are expressly agreed in writing. These terms of business form the basis of the contract between the Company and the Client.
Definitions and Interpretation
In these Terms and Conditions the following terms shall have the following meanings:
The Term, ‘the Company’, shall mean Silver Lining Estate Planning Ltd or any of its trading styles
The Term, ‘the Client’ shall mean you; the term ‘you’ and ‘your’ shall mean ‘the Client’
For the purposes herein, Will or Wills shall include any other document as is prepared in accordance with your instructions.
“Calendar Day” means any day of the year;
“Cancellation Form” means the form attached to these Terms and Conditions as Schedule 1;
“Cancellation Notice” means the notice attached to these Terms and Conditions as Schedule 1 or such other written document containing the same information, produced by the Customer;
“Contract” means the contract for the purchase and sale of the Services under these Terms and Conditions;
“Customer” means the individual purchasing the Services from the Seller who shall be identified in the Order;
“Order” means the customer’s completed order for the purchase and provision of Services;
“Payment Information” means all information required to take the required payments from the Customer and includes, but is not limited to, credit/debit card details and residential address details;
“Sales Literature” means any and all brochures, catalogues, leaflets, price lists and other documents providing details of Services available and pricing information for those services;
“Seller” and “Services” means the services which the Seller is to provide in accordance with these Terms and Conditions, any specific terms which apply only to those services, and as specified in the Order.
Unless the context otherwise requires, each reference in these Terms and Conditions to:
“writing”, and any cognate expression, includes a reference to any communication effected by electronic or facsimile transmission or similar means;
a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;
“these Terms and Conditions” is a reference to these Terms and Conditions and the Schedule as amended or supplemented at the relevant time;
a Schedule is a schedule to these Terms and Conditions; and
a Clause, Section or paragraph is a reference to a Section of these Terms and Conditions (other than the Schedules) or a paragraph of the relevant Schedule.
The headings used in these Terms and Conditions are for convenience only and shall have no effect upon the interpretation of these Terms and Conditions.
Words imparting the singular number shall include the plural and vice versa.
References to any gender shall include the other gender.
- Procedures
- On the initial appointment your detailed instructions will be taken and appropriate advice given on matters relating to Will Writing Services. Any queries or questions will be answered and a full explanation given on the contents and terminology used in the drafting of your Documents.
- The Company undertakes to:
- Comply with your instructions with reasonable skill, care and expedition appropriate to your needs.
- Provide you with the best advice on matters relating to the Will Writing Services. In some cases this may mean advice to draw up other documents, or take other action, which may incur further fees. In such cases full details of such charges will be given to you in advance and you are under no obligation to proceed with any ancillary services offered. However, in some circumstances you may be asked to sign a declaration stating that you are acting against the advice given.
- Comply with your instructions using all due skill, care and expedition appropriate to your need. Regarding the dispatch of documents the Company must adhere to the following timescales unless otherwise agreed in writing with you at the time that your instructions are received. The following timescales take effect immediately (and not before) upon you, the Client providing all the information required to complete the agreed instructions.
- Dispatch of executable documents – 20 working days
- However where circumstances occur, including those which are beyond the Company’s control, which result in the documents being delivered outside the above stated timescales, the client must be informed and upon their request must be provided with a full written explanation for the cause of the delays AND the opportunity to renegotiate or cancel the contract, with a full refund being provided should it be requested by the client.
- Maintain the strictest confidentiality and not to pass on your details to any other organisation without your express written permission unless legally required to do so and shall comply with all legislation in force relating to data protection.
For more information on how we hold your data please view our privacy notice which will be provided to you in addition to these terms of business or visit https://www.silverliningep.co.uk/privacy-statement/
- Offer an attestation service that supervises the signing and witnessing of your Documents at your home. This may involve an additional fee or may be included in the fee you paid. The Company will not take responsibility for ensuring the validity of your Documents where the attestation service has not been taken up and the execution supervised by an agent of the Company. The signing of your Documents must be carried out according to the law of England and Wales in order for your Documents to be valid. All Documents will be supplied to you with full written instructions of how these should be completed and the Company will check the documents for free after they have been signed to ensure validity. It is your responsibility to send the documents to our Company after you have signed them if you would like them checked.
- Refund any money paid in respect of the preparation of your Will(s) should you change your mind within 14 days from the date of taking your instructions. After the expiration of this period the Company reserves the right to charge you for the advice given and for any work already carried out on your behalf and in accordance with your signed instructions. An itemised bill will be produced for any charge falling due under this term. If you have waived the 14 day cooling off period and you then cancel within the 14 days you will be charged for any work already carried out.
- Offer a Will storage service via Silver Lining Document Storage Ltd. The Company does not accept any liability or obligation to advise you of any changes in legislation or taxation which may affect you either directly or indirectly and may necessitate a review of your Documents. Any Will should be reviewed every three years and on the occasion of any material change in your circumstances, such as divorce, marriage, the birth of children or the inheritance of a large sum of money etc.
- That where the company cannot legally or practically follow the instructions given by the client, the company must explain any differences between the client’s instructions or expectations and the documents to be provided.
- Notice of the Right to Cancel
- The Client has the right to cancel the Contract within the Cancellation Period as determined by The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
- The Seller is Silver Lining Estate Planning Ltd.
- For the purposes of this Cancellation Notice, the Reference Number to be quoted in all communications is: As detailed on the cancellation notice.
- The Client has the right to cancel the Contract within 14 Calendar Days of receipt of this notice (the “Cancellation Period”).
- The Client may be required to pay for Services provided if provision of the Services has commenced with the Client’s written agreement prior to the end of the Cancellation Period.
- In the event that the Client chooses to exercise their right to cancel within the Cancellation Period, the Cancellation Form attached to these Terms and Conditions as Schedule 1 should be completed in full and returned to the Seller at the address provided on the Cancellation Notice or sent by email to info@silverliningep.co.uk
- Cancellation Notices shall be deemed served upon the Seller:
- In the case of a Cancellation Notice sent by post, at the time of posting; and
- In the case of a Cancellation Notice sent electronically, on the day it is sent.
- Use of the Cancellation Form is optional; however all Cancellation Notices, in whatever format, must be in writing and must contain all information included in Schedule 1.
- Refunds
- If the Client chooses to exercise the Right to Cancel in accordance with Clause 3 above, the provisions of this Clause 4 shall apply in determining any refund to which the Client may be entitled.
- The Client must inform the Seller of their exercise of the Right to Cancel within the period required by Clause 3.
- If the provision of Services has commenced, at the Client’s written request, prior to the giving of notice by the Client and the end of the Cancellation Period, the Seller shall remain entitled to any monies constituting the value of such Services.
- Where the Client has already made payment to the Seller, any refund issued shall be less the relevant sum determined under sub-Clause 4.3.
- Where the Client is yet to make payment to the Seller, the sum due from the Client shall be adjusted accordingly.
- The Seller will inform the Client in writing of the relevant calculations involved in determining sums deductible or payable under this Clause 4.
- If the provision of Services has commenced prior to the giving of notice by the Client and the end of the Cancellation Period without the Client’s written request, the Seller shall not be entitled to any monies constituting the value of such Services.
- If the Client requires their Documents urgently and require that the Company commence work prior to the expiration of the cancellation period the Client can agree to waive their rights under the Regulations by signing a waiver agreement. This will mean that they will be required to pay for any work completed should they decide to reinstate their right to cancel within the 14 days. This should be provided in writing.
- Liability
- If the Seller fails to perform the Services with care and skill it shall carry out remedial action at no extra cost to the Client.
- The Seller shall not be liable to the Client or be deemed to be in breach of these Terms and Conditions by reason of any delay in performing, or any failure to perform, any of the Seller’s obligations if the delay or failure was due to any cause beyond the Seller’s reasonable control or where the Client has failed to meet their obligations under Clause 7 below.
- The Client’s Obligations are:
- To disclose all relevant facts and answers to all the questions asked to allow the Company to provide accurate advice and to produce an effective legal Document. The Company shall not accept liability in respect of information which was not disclosed, and therefore not documented by the person taking your instructions, and which comes to light at a later date as being of relevance and which may effect the validity or content of your Documents or advice given.
- If the company has agreed to provide draft documents, to read through the draft Documents provided, to confirm that they correctly reflect your wishes as to the distribution of your estate and that the names and addresses of the persons mentioned in your Documents are correct, adding any missing data not supplied at the time of taking your instructions.
- To return the Documents together with any amendments to the Company as soon as possible. If you fail to return the Documents to the Company, the Company shall accept no liability for the draft Documents. The Company shall not be responsible for any delay due to your failure to comply with the above.
- To notify the Company if you do not receive your Documents within 20 working days of the first appointment, unless otherwise agreed.
- To pay the fee due for the provision of Will Writing Services in full and in accordance with the terms of our invoice.
- If you are using the attestation service, you should arrange for the witnesses to be present at the time of the execution of your Will.
- Client Care
- The Company is committed to providing the Client with a high quality service. An essential part of that service is that the Company will communicate effectively with the Client so that they are kept informed of progress.
- The Company maintains a full complaints procedure to which any complaint should first of all be addressed. If the matter is unable to be resolved to your satisfaction you may refer it, in writing, to the Complaints Department at the Best Foundation at https://bestfoundation.org.uk/
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Schedule 1
Notice of the right to cancel
Estate Planning services provided by Silver Lining Estate Planning Ltd of 13a Riduna Park, Melton, Woodbridge IP12 1QT
Reference…………… Issued on…………….
Under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 you have a right to cancel this contract if you wish. This right can be exercised by delivering, or sending(including by electronic mail) a cancellation notice to the person mentioned in the next paragraph at any time within the period of 14 days starting with the date of receipt of a notice of the right to cancel the contract.
Notice of cancellation must be given to Silver Lining Estate Planning Ltd at the above address or e-mail info@silverliningep.co.uk or telephone 0800 0934299
A Notice of cancellation is deemed to be served as soon as it is posted or sent to the above address or in the in the case of an electronic communication from the day it is sent to the above email address. You may use the following cancellation form if you wish but you do not have to.
Please note that if you have signed a statement waiving the right to a 14 day cancellation period but then still want to cancel, you will be liable to pay us for any work already carried out for you.
Cancellation Notice
If you wish to cancel the contract you MUST DO SO IN WRITING and deliver personally or send (which may be by electronic mail) this to the person named below. You may use this form if you want to but you do not have to.
(Complete detach and return this form ONLY IF YOU WISH TO CANCEL THE CONTRACT)
To Stephen Wilkes, Managing Director, Silver Lining Estate Planning Ltd. I/We hereby give notice that I/we wish to cancel my/our contract Ref………
Signed……………………………
Name & Address……………………………………………………………………………
Date…………………………………
Silver Lining Estate Planning – Client Privacy Policy
We are committed to safeguarding the privacy of all of our clients. This policy applies where we are acting as a “Data Controller” – this means that we control how the information, or “data”, you give to us is used and what it is used for.
How do we use your data?
We will use or “process” your data to send you information about the professional Will Writing and Estate Planning services that we provide. This information is determined by the data and instructions that you give to us regarding your circumstances and requirements.
What data will we hold about you?
This data will include your personal and financial information as per the instruction form that you have completed. This will also include details of your Beneficiaries and Executors and if relevant, your Guardians and Attorneys.
Will you share my data with anyone?
Where it is necessary for us to share your information with our professional partners, we will only do so with your express additional consent in writing.
Where will you keep my data?
We will keep your digital data on our secure server which is for internal use by staff only. Any paper records are kept in our secure storage which is only accessible by staff.
How long will you keep my data?
We will keep your data for a period of no less than seven years after your death, as we are obliged to. You have the right to request access to the data that we hold about you at any given time and also the right to restrict the processing of your data.
What is the legal basis for the processing of my data?
There are 2 legal bases for the processing of your data. These are:
“Contractual” – this means that we may contact you as required, in order to fulfil our contractual obligation to you to complete the work you have instructed us to do.
“Legitimate Interests” – this means that we may contact you to keep you updated regarding services that may be of benefit to you and that are our responsibility as your service provider to inform you of.
If you feel at any time that our processing of your data infringes data protection laws then you have a legal right to lodge a complaint with the Information Commissioners Office (ICO).
A more detailed version of our privacy Policy is also available at: