Introduction

Please review these terms thoroughly prior to purchasing our service, to ensure that our services align with your needs. Should you have any uncertainties or inquiries regarding our service, please reach out to us.

The document you receive (as outlined in these terms and conditions below in ‘Terminology’) is intended exclusively for your own personal use and may not be purchased on behalf of a third party or for resale purposes.

We will not assume responsibility for any document you purchase for a third party, resell, or modify from our provided template.

Governing Law & Jurisdiction

These terms and conditions shall be governed by and construed in accordance with English and Welsh law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English and Welsh courts.

General Terms & Conditions

www.willsthisway.com is a website operated by Plan This Way, a trading style of Traffic This Way Limited. We are a limited company registered in England and Wales, company number 09371816. Our registered office is Unit 6, Dean House Farm, Church Road, Newdigate, Surrey, RH5 5DL, England. Our VAT number is 202177449.

These legal terms are between you and Plan This Way and Traffic This Way Limited.

We may change our terms and service, or stop providing our service, to reflect changes in law or regulation, or to make minor adjustments or improvements.

Terminology

• We will use the words “we“, “us” and “our” to refer to Plan This Way, a trading style of Traffic This Way Limited.
• When we say “you“, “your“, “I” and “my“, we mean the person that has bought the service.
• When we say “document“, we mean a document that you prepare when using our service, which is capable for use as a will.
• When we say “Regulations” we mean the Consumer Protection (Distance Selling) Regulations 2000 and the Provision of Services Regulations 2009.

Who is Eligible to Purchase an Online Will

You must fulfil the following criteria:

• Be 18 years of age or older.
• Possess the capability to navigate the online process autonomously to generate your document.
• Have the ability to comprehend and interpret the documents we provide you without needing assistance.
• Need a document that can serve as a will in either England (including the Isles of Scilly and Isle of Wight) or Wales.
• Hold permanent residency status in the United Kingdom.

There are certain situations in which you cannot purchase a will from us. These situations encompass, but are not confined to:

• requirements involving agricultural property.
• the management of complex business assets.
• assets held outside the United Kingdom that demand specialised guidance.
• or if you require specific tax advice (including matters related to inheritance tax).

Payment for your document implies your acceptance of these terms and conditions, along with confirming your understanding and acknowledgment of our privacy policy.

Your payment signifies the acceptance of your order, leading to the establishment of a contractual agreement between you and us.

Unless mutually agreed upon, the contract will cease automatically once we have furnished the service to you. The service is deemed delivered when (1) your document becomes downloadable or (2) the complementary document update period concludes, depending on which occurs later.

What is Included?

The following is included in our service to you:

• Access to our online platform, enabling you to compose your document.
• Access to our online guides aimed at assisting you in the document creation process.
• Ongoing technical guidance and support from our team, aiding you in navigating the online process and successfully completing your document.
• Provision of a document, in English, drafted by you, suitable for use as a will in England (including Isles of Scilly and Isle of Wight) or Wales.
• Delivery of a document designed for use as a will in either of the aforementioned regions. The document will be sent via email, accompanied by signing instructions and additional document guidance.

During the online document creation service, you will respond to a series of questions, and your answers will automatically generate your document’s content.

Providing accurate and precise information, particularly about involved parties (such as beneficiaries), is crucial.

Ensuring the accuracy and alignment of the document with your intentions is your responsibility.

What is Not Included?

• A document suitable for use as a will outside of England (including the Isles of Scilly and Isle of Wight) and Wales.
• Legal guidance on creating your document. We are not a law firm, and we are not registered or regulated by the Solicitors Regulation Authority. No lawyer-client relationship exists between us.
• An evaluation or affirmation from us that our service is appropriate for you. After reviewing these terms and our guidance, including the online suitability questions, it’s important to ensure that our service aligns with your needs and fulfills your intentions and any legal prerequisites.
• Validation, inquiry, counsel, or reviews by us.
• Confirmation of the accuracy and truthfulness of your provided answers.
• The assumption that you will be considered domiciled in England (including the Isles of Scilly and Isle of Wight) and Wales upon your death.
• Verification of your identity, the individuals mentioned in your document, or those who sign it.
• Assessment of your testamentary and/or mental capacity, or those who sign your document. If you suspect potential challenges to your testamentary and/or mental capacity, it is advisable to seek written confirmation from a medical professional.
• Consideration of whether you were subjected to undue influence while using our service or signing your document.
• Confirmation of your comprehension, awareness, and approval of the contents of your document.
• Guidance on minimizing the risk of any claims from third-party beneficiaries against your estate.
• Specialized tax recommendations, including matters related to inheritance tax.
• No provision for future amendments to your will (unless subscribed to our update service).
• Oversight or review of the document signing/execution process.
• No provision for ongoing advice.
• Safekeeping of the signed will.

Your Responsibility to Us

If you find yourself in need of any services outlined in the section titled “What’s Not Included” or if your circumstances are complex, our online wills service might not be the suitable choice for you. In such circumstances, it is advisable to consult a Solicitor and/or tax specialist. We cannot be held accountable if you proceed with our service and it does not align with your specific requirements.

You are required to provide accurate and truthful information about your identity and estate. You agree not to provide false information or misrepresent yourself. When prompted for essential details such as your telephone number(s), date of birth, valid email address, and/or correct residential address (necessary for completing your document), you must supply accurate information.

Whilst using our service, you must acknowledge that you are the sole individual furnishing us with information and that the information you provide is accurate and your own.

It is your responsibility to adhere to the provided signing instructions and ensure that your document is signed in accordance with legal requirements. Any written modifications to your will after it’s been signed are discouraged. Improperly signed documents are likely to be considered invalid and unenforceable as a will, and any written alterations might not have an effect. We bear no liability if you fail to sign, sign incorrectly, make written changes, or neglect to follow the signing instructions.

Changes in your circumstances, laws, taxes, or regulations in the future could render your will outdated or obsolete. We cannot guarantee that the document you create will remain current, comprehensive, and accurate. It is not our duty to inform you about legal, tax, or regulatory changes and their impact on your will. Ensuring that your will’s terms are up to date, complete, and accurate in the future is your responsibility, and we will not be held liable for this.

Our Website

We will make every effort to ensure the uninterrupted availability of our website and services, however, due to the inherent nature of the Internet, we cannot guarantee.

There may be occasional suspensions or limitations to your access of our website to facilitate updates and maintenance. Our objective is to minimize the frequency and duration of such updates and maintenance.

Occasionally we may update and alter both our website and its content at any time without prior notification. We cannot assure the constant accuracy, completeness, or timeliness of the information on our website.

We provide you with a non-transferable, limited license that is non-exclusive and revocable, permitting personal and non-commercial use of our website. By utilizing our website, you agree not to:

• Engage in commercial exploitation, such as licensing, selling, renting, leasing, transferring, distributing, hosting, or any similar activities involving our website or its displayed content, whether in part or whole.
• Attempt to reverse engineer, disassemble, or modify any portion of our website.
• Use our website to develop a competing website, product, or service.
• Copy, reproduce, distribute, republish, download, display, post, or transmit our website in any form or manner not permitted by our terms.

With the exception of user-generated content (referring to any information or content you submit or use on our website), you acknowledge that the intellectual property rights—including copyrights, patents, trademarks, and trade secrets—pertaining to our website and its content are owned by us or our suppliers.

These terms, as well as your access to our website, do not transfer any rights, titles, or interests in these intellectual property rights to you or any third party. We retain all rights not explicitly granted in these terms and conditions. These terms do not imply any licenses beyond what is specified.

Your Account

You have the responsibility to maintain the confidentiality of your Plan This Way account and password. Additionally, you should limit access to your computer. Within the limits allowed by applicable law, you agree to take responsibility for all activities carried out under your account or password. Ensuring the secrecy and security of your password is crucial, and you must promptly notify us if you suspect that your password is known to others or is being misused without authorization. In such circumstances, we retain the right to promptly suspend or revoke access to our servicers and potentially to modify your password.

Data Protection & Privacy

Plan This Way and Traffic This Way are registered with the Information Commissioner’s Office. Our registration number is ###########.

We gather, retain, and use your personal data for the purpose of delivering and overseeing our service to you. Please read our Privacy Policy for further details.

You have the option to provide us with information concerning another individual or individuals when generating your document. By doing so, you verify that you possess their consent to transmit their particulars, including any sensitive information, to us, and that they consent to us maintaining and processing their data and information. The data shared with us will undergo processing in accordance with our privacy policy.

Our Liability

Plan This Way offer guidance rather than legal advice. We are not a law firm and are not affiliated with the Solicitors Regulation Authority in terms of registration or regulation. At no point is there a solicitor-client relationship established between us and you.

No one except you, such as a beneficiary of a will, possesses the authority under the Contracts (Rights of Third Parties) Act 1999 to enforce any aspect of these terms and conditions. This exclusion does not encompass any other entitlement or remedy that a third party might possess under the law.

We bear responsibility for foreseeable loss or damage that we inflict upon you due to our failure to adhere to these terms – either by breaching this contract or by not exercising reasonable care. Foreseeable denotes situations that are obvious or were reasonably expected to occur at the time the contract was established between us.

We disclaim liability for any loss or damage that is not foreseeable, for any loss or damage (direct or indirect) caused by events beyond our control, or if a situation was inevitable despite our employment of reasonable care to avert it. Hence, you cannot hold us accountable if your losses arise from circumstances that we couldn’t have reasonably known or anticipated.

This encompasses, but is not limited to:

• Providing us with inaccurate information
• Using the document outside of England, Wales, Isles of Scilly, and Isle of Wight
• Incorrectly signing the document
• Engaging in fraudulent activities
• Altering the document or will, either by you or a third party
• Failing to disclose concerns about your mental or testamentary capacity
• Violating these terms by accessing another person’s account, purchasing documents for third parties, or for resale
• Data loss or corruption due to computer viruses or technical issues via email transmission
• Data loss or corruption resulting from third-party interference through our website
• Delays or failures in performance due to events beyond our control, such as floods, wars, emergencies, power outages, and pandemics

We do not hold liability or responsibility for verifying, investigating, advising, or confirming:

• Your identity
• The identity of document signatories or mentioned individuals
• Your age
• Your mental or testamentary capacity, or the capacity of document witnesses
• The accuracy and truthfulness of your provided answers
• Your domicile status in England, Wales, Isles of Scilly, and Isle of Wight at the time of your demise
• Whether undue influence was exerted during your use of our services
• Your comprehension, approval, and understanding of the document’s contents
• Measures to counter potential third-party beneficiary claims against your estate
• Specialized tax guidance, including inheritance tax matters
• Alignment of the created document with changes in your circumstances, laws, regulations, or taxation
• Future revisions to the will (unless mutually agreed upon)

We do not exclude or restrict our liability to you if such exclusion or restriction violates the law. This includes liability for death or personal injury due to negligence, fraudulent misrepresentation, or other forms of liability prohibited from exclusion or limitation by applicable law.

If we are deemed liable to you for losses arising from a breach of these terms and conditions and/or negligence, our liability in all cases is capped at an aggregate payment not exceeding £1,000 in addition to the service fee paid by you. If a valid voucher code was used, the capped amount would be the fee you would have paid for the service, along with any supplementary services, expenses, and costs.

Nothing in these conditions shall affect your statutory rights as a consumer.

Our Prices, Voucher Codes & Promotions

The cost for our service(s) to you corresponds to the amount specified at the time of your order was placed.

We may need to raise our prices in the future. We will provide prior notification, granting you the option to cancel if you decline to accept the revised price.

Possessing a voucher code does not guarantee automatic access to our service, as the use of our service is consistently bound by these terms and conditions. A legitimate voucher code can be employed by entering its details while making a purchase. Prior to making a payment for the service, you must redeem the voucher code. Each sale is limited to the use of a single voucher.

Cancellation

Cancellation Process & Your Rights
As a consumer, you possess legal entitlements concerning the documents generated through our online service. Information regarding these legal rights can be obtained from your local Citizens’ Advice Bureau or Trading Standards office. Your legal rights remain unaffected by the terms outlined herein.

Typically, in accordance with regulations, you retain the privilege to revoke any internet-based contract within the initial 14 days of its formation.

Before you gain access to the downloadable document, you maintain the option to cancel the service without the need for justification.

Nevertheless, due to the personalized nature of both the document and its review, the cancellation option ceases to apply once you have accessed the downloadable document.

Should you choose to cancel prior to receiving the downloadable document, a reimbursement corresponding to the document’s payment, as specified below, will be provided.

To cancel please email us at hello@willsthisway.com.

We retain the prerogative to retract or modify the service due to substantial reasons that significantly affect its functionality. Whenever feasible, we will strive to inform you of the rationale behind such actions in advance.

We hold the authority to terminate or suspend our service if we suspect that you have:

• Violated the terms stipulated in this agreement.
• Placed us in a position that could lead to legal infractions.
• Committed or attempted to commit illegal activities.
• Furnished us with erroneous or misleading information at any point.
• Engaged in abusive behavior towards any individual at Plan This Way.
• Provided information that, in our reasonable assessment, indicates our service isn’t suitable for your needs.

Should we terminate your access to the service, we will reimburse any funds you have paid to us.

Complaints

Definition: Plan This Way defines a complaint as ‘any expression of dissatisfaction (with Plan This Way or with a member of staff) that relates to Plan This Way and that requires a formal response’.

Purpose: The formal complaints procedure is intended to ensure that all complaints are handled fairly, consistently and wherever possible resolved to the complainant’s satisfaction.

The responsibility of Plan This Way will be to:

• acknowledge the formal complaint in writing;
• respond within a stated period of time;
• deal reasonably and sensitively with the complaint;
• take action where appropriate.

A complainant’s responsibility is to:

• bring their complaint, in writing, to the attention of Plan This Way normally within 8 weeks of the issue arising;
• raise concerns promptly and directly with a member of staff at Plan This Way;
• explain the problem as clearly and as fully as possible, including any action taken to date;
• allow Plan This Way a reasonable time to deal with the matter;
• recognise that some circumstances may be beyond the control of Plan This Way.

Responsibility for Action: All Staff of Plan This Way.

Confidentiality: Except in exceptional circumstances, every attempt will be made to ensure that both the complainant and Plan This Way maintain confidentiality. However the circumstances giving rise to the complaint may be such that it may not be possible to maintain confidentiality (with each complaint judged on its own merit). Should this be the case, the situation will be explained to the complainant.

Monitoring and Reporting: The management board of Plan This Way will receive annually an anonymised report of complaints made and their resolution and complaints will be dealt with in accordance with the Privacy Policy of Plan This Way.

Formal Complaints Procedure

Stage 1
In the first instance, if you are unable to resolve the issue informally, you should write to the member of staff who dealt with you, or their manager, so that he or she has a chance to put things right. If your complaint concerns a member of the management board, rather than a member of Plan This Way staff, you should write formally to the individual concerned. In your letter you should set out the details of your complaint, the consequences for you as a result, and the remedy you are seeking.

You can expect your complaint to be acknowledged within 4 working days of receipt. You should get a response and an explanation within 15 working days.

Our contact details can be found on the Contact Us page of the Plan This Way Website. They are also detailed below.

Stage 2
If you are not satisfied with the initial response to the complaint then you can write to the Managing Director of Plan This Way / Traffic This Way and ask for your complaint and the response to be reviewed. You can expect the Managing Director to acknowledge your request within 4 working days of receipt and a response within 15 workings days.

The aim of Plan This Way is to resolve all matters as quickly as possible. However, inevitably some issues will be more complex and therefore may require longer to be fully investigated. Consequently, timescales given for handling and responding to complaints are indicative. If a matter requires more detailed investigation, you will receive an interim response describing what is being done to deal with the matter, and when a full reply can be expected and from whom.

Final Stage
If you are not satisfied with the subsequent reply from the Managing Director of Plan This Way / Traffic This Way, then you have the option of writing to the The Legal Ombudsman, details can be found at www.legalombudsman.org.uk.

It is a free, independent service for settling disputes between financial firms and their customers.

How to Contact Us

If you need to talk to us, please contact us using the details below.

• Email us at hello@willsthisway.com
• Telephone us on #####
• By post: Unit 6, Dean House Farm, Church Road, Newdigate, Surrey, RH5 5DL.

Insurance

We have professional indemnity insurance in place. Please contact us if you require further information.

Date of Publication

This policy was last updated on the 11/03/24.