Terms of Business

Sue Jenden Associates Ltd (hereinafter referred to as “SJA”) are members of the Institute of Professional Willwriters (hereinafter referred to as “IPW”) and it is mandatory that it operates in accordance with the IPW Code of Practice, copies of which are available (in written or audio format) free of charge either from the Company or from the IPW. Any instances of non compliance with the IPW Code of Practice should be addressed to the IPW. The terms of Business are governed by English laws and any dispute shall be resolved within the jurisdiction of the courts of England and Wales.

FEES

a) Before we proceed with your instructions we will confirm that the fee quoted on our fee list provided is fixed and guaranteed and valid for 30 days. We think it is important you know exactly what you are paying for and why.

b) Payments will be required in full on completion of documents to your satisfaction.

c) Where part of the fee is for services provided by an external solicitor or other external party you will receive a separate Terms of Business agreement from them and a separate VAT receipt for any payment made to them.

d) Fees are reviewed annually on the 1st January.

PROCEDURES

a) SJA usually operates a two visit system. The first visit is to discuss your situation and your requirements and to obtain as much information as possible to enable us to draft your documents.

b) A second visit will be arranged to return your documents, to explain them to you so that you can be sure that they meet your requirements and to supervise the signing of them. Where documents are being drafted as updates to documents already drafted by SJA, you can elect not to have a second visit.

c) SJA is obliged to give you best advice. In some cases this may require additional products or services, provided at extra cost either by SJA or a company recommended by us. You are under no obligation to take up any product or service, but SJA may require you to sign a disclaimer if you choose not to do so.

d) SJA may require you to sign a disclaimer if you instruct us to draft any product or service in a way that is contrary to our advice.

e) Any advice that is given by SJA is based on its understanding of law, practices and procedures at the date of this agreement. SJA is not responsible for any consequences arising from any future changes in law, practices or procedures.

f) SJA has Professional Indemnity Insurance of £4 million to cover claims and losses worldwide (except in the US and Canada) arising as a result of any negligent act by it. The policy is with Beazley Solutions Ltd and is arranged by Johnston Park McAndrew of 5th Floor, Trinity Point, Halesowen, B63 3HY.

g) SJA has Public Liability Insurance of £5million to cover claims and losses or damages worldwide (except in the US and Canada) arising from action by it. The policy is with Beazley Solutions Ltd and is arranged by Johnston Park McAndrew of 5th Floor, Trinity Point, Halesowen, B63 3HY.

h) SJA reserves the right to withdraw from a transaction if it is unable to complete a transaction in whole or in part if it does so, it will write to you immediately and you will not be liable to pay any fees.

i) The costs of correcting any error or omission on the part of SJA shall be borne entirely by the SJA.

j) SJA will maintain client files for 6 years after your death or for 6 years after you have notified us in writing that your document(s) have been revoked, whichever event occurs first.

MONEY LAUNDERING

The Money Laundering Regulations require us to have procedures in place to verify the identity of clients. The Act also obliges us to inform the relevant authority immediately if we suspect that any person (client or third party is involved in money laundering, and in that event we would be prohibited from taking further action without the authority’s consent.

ONGOING RESPONSIBILITY

SJA does not accept any liability or obligation to advise you of any changes in legislation which may or may not require you to amend your Will. SJA will write to you periodically to remind you that your Will may need amending, but there will be a charge for this.

DISCLOSURE OF INFORMATION AND CONFIDENTIALITY

In order to produce effective legal documents SJA needs to be assured that you are providing full disclosure of all relevant facts and answers to all questions asked. SJA shall not accept any liability for any information not disclosed and therefore not documented which later comes to light as being of relevance and which might affect the validity or content of the documents we prepare for you.

We are committed to ensuring that we comply with the GDPR, (General Data Protection Regulation) 2018. All information disclosed to us will remain confidential; no details will be passed to any other parties without your prior written consent. Under the GDPR, you have the right to access, port, rectify, erase, restrict and object to the processing of your data. A complete copy of our Privacy Notice can be found on our website www.suejendenassociates.co.uk. If you would like to contact us about your data and how it is processed, please email info@nullsuejendenassociates.co.uk or call us on 0121 445 5874.

TIME SCALES

Your completed documents will be available for signing no earlier than 7 working days and no later than 10 working days from the date on which it has all the information that it requires to complete your documents. In the event that the Company is unable to meet the above timescale then you will be able to renegotiate this agreement or you can cancel it without any obligation to pay any fees. If you are unable to provide all of the information that the Company requires to draft your documents within 20 working days of this agreement then you will be liable to pay half of the total fees on the 30th day after this agreement. Any fees paid at this time will be deducted from your final invoice.

COMPLAINTS

a) If you are not happy with any aspect of service provided by SJA, you should first of all contact Sue Jenden the principal fee earner whose telephone number is 0121 445 5874

b) If you wish to make a complaint about any aspect of service provided by SJA, you must, in the first instance write to Sue Jenden principal fee earner at the address below. She will acknowledge your letter within 3 days of receipt and then investigate the circumstances of your compliant and write to you with the results of his investigation within a further 28 days.

c) If you are not happy with the results of the investigation by SJA, you can write to the Institute of Professional Willwriters at their address below, who will instigate a Conciliation Process to help you and SJA to reach a mutually satisfactory agreement.

d) If you are not happy with the results of the Conciliation Process or if you choose not to take up the Conciliation Process following any investigation by SJA, you can write to the Estate Planning Arbitration Scheme (EPAS) at the address below who will then investigate your complaint and make a formal judgement but there will be a cost to you if you take this option.

e) These complaints procedures do not prevent you from seeking other means of redress.

Sue Jenden Associates Ltd
PO BOX 15292
Birmingham
B45 5DP
info@nullwww.suejendenassociates.co.uk
Tel: 0121 445 5874

Institute of Professional Willwriters
Trinity Point
New Road
Halesowen
B63 3HY
www.ipw.org.uk
Tel: 0845 6442042

Estate Planning Arbitration Scheme (EPAS)
IDRS Limited
70 Fleet Street
London EC4Y 1EU

SIGNING OF DOCUMENTS

We recommend that documents are signed either at our office or at a visit to your home to ensure compliance with the necessary formalities.

STORAGE OF WILLS

The Company offers a safe storage facility for your Wills and Lasting Powers of Attorney with National Will Safe together with registration on the National Wills Register. The cost of the service is £40 a year which includes insurance. Details are available on request.

This firm complies with the IPW Code of Conduct