Terms of Business

These Terms of Business apply to the online will drafting service and the lasting power of attorney (LPA) preparation service provided through this website ("the Services"). Please read them carefully before creating an account or placing an order. By ticking the acceptance box at checkout you confirm that you have read, understood and agree to these terms, including the clauses we specifically draw to your attention below.

1. Who we are

1.1 LPAs Online is a trading name of Silvertime Legal Ltd, a company registered in England and Wales, company number 15499649, whose registered office is at 115–116 Spon End, Coventry, England, CV1 3HF ("we", "us", "our").

1.2 We are a professional will writing and estate planning business and a member of the Society of Will Writers ("SWW"). We subscribe to and observe the SWW Code of Practice, a copy of which is available at willwriters.com/about-us/code-of-practice. Our staff undertake the training and continuing professional development required by the SWW.

1.3 We are not a firm of solicitors and we are not regulated by the Solicitors Regulation Authority. Will writing and LPA form preparation are not activities reserved to solicitors in England and Wales.

1.4 We hold professional indemnity insurance of not less than £5,000,000. Details of our insurer and the territorial coverage of the policy are available on request.

1.5 You can contact us at help@lpasonline.co.uk, by phone on 024 7699 1828, or by post at the registered office above.

2. The contract between us

2.1 These terms, together with your order confirmation and the answers you give in the online questionnaire, form the entire agreement between you and us for the Services. They replace anything said or written elsewhere, except that nothing in this clause excludes or limits our responsibility for anything we or our representatives have told you fraudulently or negligently and on which you have reasonably relied.

2.2 The contract is between us and the person named on the account ("you"). Where two people order mirror wills or joint LPA services, each of you is our client and these terms apply to each of you.

2.3 The Services are supplied for you alone. They may not be relied upon by any other person, and a person who is not a party to this contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms. This clause does not affect any right or remedy that exists or is available apart from that Act.

3. What the Services include

3.1 Online will service. For the fee stated at checkout we will:

(a) take your instructions through the structured online questionnaire;

(b) carry out our suitability screening (clause 5);

(c) draft a will that gives effect to the instructions you provide in the questionnaire, using appropriate professional drafting;

(d) have the draft checked by a member of our team before it is released to you;

(e) release the approved document to your online account, together with clear written instructions on how to sign and witness it so that it is validly executed; and

(f) once you return the signed will to our head office (clause 8.4), check it on its face for apparent compliance with the signing formalities in section 9 of the Wills Act 1837, and store the original for you free of charge (clause 14).

3.2 LPA preparation service. For the fee stated at checkout we will:

(a) take your instructions through the structured online questionnaire;

(b) carry out our suitability screening (clause 5);

(c) prepare the lasting power of attorney form(s) you have selected (property and financial affairs and/or health and welfare), completed to reflect the instructions you provide;

(d) have the documents checked by a member of our team before release; and

(e) release the completed documents to your online account together with clear written instructions on signing and certification, and on returning the signed forms to our head office; and

(f) once your signed forms are returned to us, check them, submit the application to register your LPA(s) with the Office of the Public Guardian ("OPG") and liaise with the OPG on your behalf until registration is concluded. The OPG's registration fee (currently £92 per LPA) is payable by you in addition to our fee. Once registered, we will store your LPA(s) free of charge (clause 14) or send them to you — whichever you prefer.

3.3 We will carry out the Services with reasonable care and skill, to the standard reasonably expected of a competent professional will writer.

3.4 Our obligations to you are defined by this clause 3, as limited by clause 4. We have agreed to carry out only the work described here, and we accept no responsibility for work, or types of advice, falling outside it.

4. What the Services do not include

4.1 The Services are designed for straightforward circumstances and are limited in scope. Unless we agree otherwise with you in writing, the Services do not include:

(a) advice on inheritance tax, capital gains tax, income tax or any other tax, or on tax or estate planning of any kind, including lifetime gifts and the tax effect of the will;

(b) advice on potential claims against your estate under the Inheritance (Provision for Family and Dependants) Act 1975, or on structuring your will to anticipate such claims;

(c) advice on assets outside England and Wales, or on the law of any other jurisdiction;

(d) advice on business, agricultural or partnership assets or succession;

(e) advice on the ownership of jointly owned property, including whether a joint tenancy should be severed, except to the extent the questionnaire and our signing instructions expressly address it;

(f) advice on trusts other than any standard trust provisions included in the documents we draft;

(g) advice on care fees, means-tested benefits, or deliberate deprivation of assets;

(h) a review of any existing will, trust, LPA or other document, unless you have purchased that as a separate service;

(i) financial advice of any kind; and

(j) any ongoing service after your documents have been released: we have no continuing duty to review your will or LPA, to monitor changes in your circumstances, or to advise you of changes in the law after the date your documents are released to you (see clause 9).

(k) anything said by the information assistant on our website, which gives general information only and is not advice about your circumstances (see clause 4.4).

4.2 If your answers in the questionnaire indicate that any of the matters in clause 4.1 are relevant to you, our screening process (clause 5) will normally prevent the online Services from proceeding and we will invite you to book a call so that we can discuss a suitable service. This screening depends on the accuracy of your answers (clause 6).

4.3 The exclusions in this clause 4 define the scope of the work we have agreed to do; they do not exclude or limit our liability for the work we actually undertake.

4.4 The information assistant on this website. Our website offers an information assistant that answers common questions using a library of pre-written answers approved by us. It gives general information about the Services and about wills and lasting powers of attorney; it does not give advice about your own circumstances, does not assess anyone’s mental capacity, does not draft or interpret wording, and cannot confirm that a document is valid. Where a question calls for advice it will tell you so and invite you to speak to us. Nothing the assistant says forms part of the Services, varies these terms, or extends the scope of work described in clauses 3 and 4, and you should not rely on it as advice. If you are unsure whether something you have read there applies to you, please contact us before you order.

5. Suitability screening

5.1 The questionnaire includes screening questions about your circumstances (for example: business or foreign assets, children from previous relationships, beneficiaries receiving means-tested benefits, an intention to exclude a spouse or child, tax planning needs; and for LPAs, concerns about capacity, family disagreement or pressure, or complex attorney appointments).

5.2 If your answers indicate that the online Services are not suitable for you, you will not be able to proceed to payment. We will instead invite you to book a free call. We may also decline, at any point before your documents are released, to provide the Services where we consider they are not suitable for your circumstances; if we do, we will refund any payment you have made for work not yet done.

5.3 If your health, age or personal circumstances make your matter urgent — for example, if you or the person the documents are for is seriously ill — the online Services may not be appropriate. Please contact us immediately and tell us, so that the work can be prioritised or handled in person. We cannot treat a matter as urgent unless you tell us it is.

6. Your responsibilities

6.1 The documents we draft are based solely on the answers and information you give in the questionnaire and in any follow-up communication. We do not verify that information, and we are entitled to rely on it as true, accurate and complete. You agree to:

(a) answer the questionnaire (including the screening questions) truthfully, accurately and completely;

(b) tell us promptly if any information you have given changes before your documents are released;

(c) check the documents released to you carefully and tell us promptly if they do not reflect your instructions or contain any error; and

(d) follow the signing instructions we provide (clause 8).

6.2 We are not responsible for any loss to the extent that it results from information you gave us being untrue, inaccurate or incomplete, from your failure to tell us about a change, or from your failure to follow our written instructions.

6.3 The will service is available only where you are making a will for yourself. You confirm that you are aged 18 or over, that you are making the documents of your own free will and not under pressure from any other person, and that the answers given are your own.

7. Fees, payment and document release

7.1 The fee for each Service is stated on the website at checkout. The price shown is the total amount payable to us for the Service; where VAT applies, it is included in that price. There are no disbursements for the online Services except where stated at checkout. (Note: OPG registration fees for LPAs are payable by you directly to the OPG and are not included in our fee.)

7.2 Payment is taken in full at checkout, processed by our payment provider. Your documents are drafted and reviewed after payment is confirmed.

7.3 Documents are released to your online account only after they have been checked and approved by our team. If our review identifies a problem or a question about your instructions, we will contact you before release. Time estimates given on the website are estimates only, but we will act without unreasonable delay, and will prioritise matters you have told us are urgent (clause 5.3).

7.4 If, after our review, we consider we cannot properly provide the Service, clause 5.2 applies.

7.5 Free will with both LPAs. Where you order and pay for both types of lasting power of attorney — property and financial affairs and health and welfare — we will issue you with a discount code that entitles you to the online will service described in clause 3.1 at no charge. Ordering a single LPA of either type does not qualify.

7.6 The code is issued by email to the address on your account after payment for the qualifying LPA order has been confirmed. It is unique to you, may be used once, and is not transferable, exchangeable or redeemable for cash. It applies to our £50 fee for the online will service only: it does not apply to the OPG registration fee, to printing and postage, to the document release fee under clause 14.2, or to any other service. You must complete and pay for the qualifying LPA order before you order your will. The code cannot be applied to a will you have already paid for, and we cannot refund a will fee already taken. [CONFIRM: does the code expire, and after how long?]

7.7 The free will is the standard online will service and is subject to these terms in full, including the suitability screening in clause 5. If your answers indicate the online service is not suitable for you, you will not be able to proceed, and the code will not be redeemable against any alternative service.

7.8 The offer applies per qualifying order. Where two people each order both types of LPA on their own accounts, each of them qualifies for their own code.

7.9 If the qualifying LPA order is cancelled under clause 10 or refunded for any reason, any unused code is withdrawn. Where the free will has already been provided before the LPA order is cancelled or refunded, our £50 fee for that will becomes payable. [CONFIRM: does the offer apply to customers who bought both LPAs before it launched?]

7.10 We may withdraw or change this offer at any time. Doing so does not affect a code already issued to you, which remains valid in accordance with clauses 7.5 to 7.9.

8. Signing your documents

8.1 A will has no effect until it is signed and witnessed in accordance with section 9 of the Wills Act 1837. An LPA must be signed, certified and registered with the OPG before it can be used. When we release your documents, we provide clear step-by-step written instructions for signing and witnessing.

8.2 We do not supervise the signing of documents prepared through the online Services, and the fee does not include supervision. You are responsible for arranging signing and witnessing in accordance with the instructions provided. If you are unsure about any step, or if you feel you may need help with signing, contact us before signing and we will assist or arrange an alternative.

8.3 Do not make any handwritten changes to the documents. If anything needs correcting, contact us and we will amend and re-issue the document.

8.4 Returning your signed documents. Once your documents are signed, post the originals back to our document office: LPAS ONLINE, Eliot Park Innovation Centre, 4 Barling Way, Nuneaton, CV10 7RH — this is the standard final step of the service. We will check each document on its face for apparent compliance with the signing formalities and tell you if anything appears to have gone wrong so it can be put right; signed wills are then stored for you free of charge (clause 14), and signed LPA forms proceed to registration (clause 3.2(f)). A check of this kind is necessarily limited to what is apparent from the face of the document; it cannot confirm matters we cannot see (for example, whether the witnesses were genuinely present, or independent of beneficiaries). If you prefer to keep your signed will yourself, send us a scan or clear photograph of it and we will carry out the same check on the copy. Please return your signed documents (or your copy) within 28 days of your documents being released to your account: if they arrive later, we are under no obligation to carry out the signing check, and if we decide not to carry it out we will tell you when we confirm receipt. We accept no responsibility for failing to identify signing defects in documents returned after that 28-day period, or where you send us neither the original nor a copy.

9. No ongoing review

9.1 Our engagement ends when the steps in clause 3 are complete — for the will service, when your signed will has been checked and placed in storage (or you have told us you are keeping the original); for the LPA service, when registration is concluded and your documents are stored or sent to you. Storing your documents does not extend our engagement: we do not provide an ongoing review service and have no duty to contact you about your documents in future.

9.2 You should review your will and LPAs regularly and whenever your circumstances change — in particular on marriage or civil partnership (which generally revokes a will), divorce or dissolution, the birth of children, a significant change in assets, or the death of an executor, attorney or beneficiary. We would be pleased to assist with updates as a new engagement.

10. Your right to cancel

10.1 As a consumer buying services online, you have the right under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 to cancel the contract within 14 days of the day the contract is made, without giving a reason.

10.2 Because delay rarely suits anyone where wills and LPAs are concerned, we begin work as soon as payment is confirmed. By ticking the box at checkout you expressly request that we begin work within the 14-day cancellation period, and you acknowledge that:

(a) if you cancel after work has begun, you must pay a proportionate amount for the work done up to the point of cancellation; and

(b) once the Service has been fully performed — for the will service, when your completed documents have been released to your account; for the LPA service, when your registration application has been submitted to the OPG — you lose the right to cancel.

10.3 To cancel, tell us in writing (email is fine) within the 14-day period. You may use the model cancellation form (available from us on request), but you do not have to. If you cancel, we will refund what you have paid, less the amount due under clause 10.2(a), within 14 days, using the same payment method.

10.4 Nothing in this clause affects your legal rights in respect of services not performed with reasonable care and skill.

11. Complaints

11.1 If you are unhappy with any aspect of our service, please tell us. Complaints should be sent to help@lpasonline.co.uk. We will acknowledge your complaint within 5 working days and provide a full response within 28 days in accordance with our complaints procedure, a copy of which is available on request.

11.2 If we cannot resolve your complaint, you may refer it to the Society of Will Writers, of which we are a member, in accordance with the SWW complaints procedure: The Society of Will Writers, Chancery House, Whisby Way, Lincoln LN6 3LQ (willwriters.com).

12. Our liability to you

12.1 Nothing in these terms excludes or limits our liability for: death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; or any other liability that cannot be excluded or limited by law. Nothing in these terms affects your statutory rights as a consumer, including your right under the Consumer Rights Act 2015 to a service performed with reasonable care and skill.

12.2 We do not attempt to exclude all liability for our work — no professional will writer properly can. What this clause does is set a fair upper limit and make clear what we are, and are not, responsible for.

12.3 Subject to clause 12.1, our total aggregate liability arising out of or in connection with the Services, whether in contract, tort (including negligence), breach of statutory duty or otherwise, is limited to £5,000,000 (five million pounds). This is not less than the level of our professional indemnity insurance cover.

12.4 Subject to clause 12.1, we are not liable for loss to the extent it arises from:

(a) information you provided being untrue, inaccurate or incomplete, or your failure to tell us of a change (clause 6);

(b) your failure to sign and witness the documents in accordance with the written instructions provided (clause 8), except to the extent we failed to identify an apparent defect in a document or copy you returned to us under clause 8.4;

(c) matters outside the agreed scope of the Services as set out in clauses 3 and 4; or

(d) your failure to return signed documents to us, or delay in, objection to, severance from or rejection of an OPG registration for reasons outside our control (for example, a defect arising from information you provided).

12.5 The Services are provided by Silvertime Legal Ltd. You agree that any claim in connection with the Services will be brought against Silvertime Legal Ltd only, and not personally against any of its directors, employees or consultants. This does not reduce the total amount you can recover, or limit any liability that cannot lawfully be limited.

12.6 We drew clauses 12.3–12.5 to your attention before you ordered (see the box at the top of these terms), and we are happy to explain them — contact us before ordering if you would like us to.

13. Confidentiality and data protection

13.1 We treat all information you give us as confidential, and disclose it only as needed to provide the Services (for example to our data processors), with your consent, or where required by law.

13.2 We process personal data in accordance with our Privacy Policy at lpasonline.co.uk/privacy, which explains what we collect, why, how long we keep it, and your rights.

14. Document storage

14.1 We retain copies of your instructions and the documents we draft for you, for the period stated in our Privacy Policy, because questions about a will most often arise only after the person who made it has died.

14.2 Free storage of originals. We store original signed wills and registered LPAs securely at our head office free of charge. We will record where your documents are held and release them (or copies) on your written request at any time; after your death we will release them to your executors or attorneys on production of reasonable evidence of their appointment and identity. Each release is subject to our document release fee, currently £25 per request, payable before the documents are sent. If we ever cease to offer storage, we will give you not less than three months’ written notice at your last known address and return your documents to you at no charge.

14.3 Storage is a courtesy service: it does not include reviewing or updating the stored documents (clause 9), and you remain responsible for telling us if your contact details change.

15. General

15.1 We may update these terms from time to time. The version in force when you place your order is the one that applies to your contract.

15.2 If any part of these terms is found by a court to be unfair or unenforceable, the rest remains in force.

15.3 These terms are governed by the law of England and Wales, and the courts of England and Wales have jurisdiction — though if you live in Scotland or Northern Ireland you may also bring proceedings in your local courts.

Silvertime Legal Ltd, registered in England and Wales, company no. 15499649. Registered office: 115–116 Spon End, Coventry, CV1 3HF. Member of the Society of Will Writers. Professional indemnity insurance: £5,000,000. ICO registration: ZB942014.