Once you have recorded your circumstances and wishes through the online Will interview, and read the online requirements or recommendations our system has identified apply to your situation, you may then proceed to order your draft Will with legal advice from either our Bequeathed Legal Team or a Panel Legal Firm.

Below is a sample of the terms you will be asked to accept and sign if you choose to order legal advice and your Will For Good from us here at Bequeathed.

If you choose to receive advice and your Will from one of our Panel Legal Firms instead, then their terms may differ. However, we do require those firms to offer a similar minimum level of service to our users.

Please read the actual terms when you receive them. These are a sample only.

Sample of Bequeathed terms under which legal advice and your Will is provided.

This Agreement will come to an end:

1. either, when we send your Will to you, or

2. when we have informed you that we are unable to send you your Will, or,

3. if you subscribe to our Validate, Store & Maintain service and return your executed Will to us by post, when your subscription to that service ends and we return your Will to you or to your Executors.

4. Our free service starts with a review of the statement of circumstances and wishes that you made when you typed and recorded answers to our questions in the online Will interview.

5. If you rejected our recommendation of a free video appointment made in the online Will interview and our review leads us to conclude that a free basic Will is adequate for your needs, then we shall email the Will to you for free ready for you to sign and date in front of witnesses (known as execution).

6. If you did accept our recommendation or request to book a video legal appointment with us, then that appointment is free.

7. If that appointment leads us to conclude that a free basic Will is adequate for your needs, and that is what you ask us to supply, then we shall email the Will to you for free ready for you to execute.

8. If the appointment leads you to order a more detailed Will with more complex drafting and clauses that are not included in the free basic Will, or any associated legal services such as Lasting Powers of Attorney or our Validate, Store & Maintain service for your Will, then those services will not be free.

9. We will never charge you a fee without providing a quote which you accept. This Agreement covers our responsibilities to you in providing those additional paid services too.

10. A basic Will from Bequeathed is designed to be, at a minimum, adequate for your needs as assessed by us from your statement of circumstances and wishes and in the video legal appointment if you attend one. We will not supply a Will to you that we know is likely to be inadequate for you and your intended beneficiaries.

11. However, a basic Will may not provide as much protection for your estate and beneficiaries as could be achieved with more sophisticated or more detailed legal drafting. A basic Will may therefore be adequate, but not ideal. If that is the case for you then we will explain what the limitations of a basic Will mean for you in the Letter of Advice you will receive with your Will.

12. A basic Will from us does include:

12.1. A revocation clause to ensure any previous Wills you have made are rendered null and void.

12.2. If you wish, a funeral wishes clause.

12.3. An executor clause to appoint people to administer your Will after your death and to become trustees of the Will trust of your residuary estate, plus a backup if your first choices are unable or unavailable.

12.4. A guardian clause for children under 18, if applicable, providing that all your children under 18 have the same other parent and you are appointing the same guardian for all those children, plus a backup if your first choice is unable or unavailable.

12.5. If you wish, clauses leaving a gift to charity, either of cash or a percentage of your estate.

12.6. A Will trust simply leaving everything you own (known as your residuary estate) to one person, or a group of people and a backup in case those primary beneficiaries die before you.

12.7. Definitions and Standard Provisions of the Society of Trust and Estate Practitioners.

13. A basic Will from us does not include:

13.1. Any drafting or advice that will require us to spend more than 30 minutes with you in a video appointment.

13.2. A revocation clause drafted to ensure your foreign Will is not adversely impacted, nor any other drafting required to deal with assets abroad.

13.3. A guardian clause where you have children under 18 from different relationships and/or you wish to appoint different guardians for different children.

13.4. A non-provision clause or any other steps to reduce the risk of someone you intend to leave out of your Will successfully challenging it after your death.

13.5. Specific gifts of individual personal possessions, residential or commercial or foreign properties, business assets or cash to specific people (rather than those items being included in the gift of your residuary estate).

13.6. Trusts (other than the Will trust of your residuary estate), including but not limited to Life Interest Trusts (including severance of a joint tenancy), Discretionary Trusts and Disabled Persons’ Trusts.

13.7. Our supervision of your execution of your Will or our confirmation that it has been validly executed.

and for each of those more detailed and complex provisions, additional fees will be chargeable.

14. It is our responsibility to draft and supply you with a Will that reflects your circumstances and wishes so that it does adequately meet your needs and will be valid providing you execute it correctly.

15. It is therefore our responsibility to ensure we have the information necessary to carry out those responsibilities.

16. We interact with you through the online Will interview, which we have designed to gather information from you, including information you might not have known was relevant to tell us about. We may ask you additional clarifying questions, either by email or by online chat or by telephone or in an online video appointment but will not supply you with a Will if we cannot resolve our concerns.

17. Using your answers, we will consider your circumstances and wishes, including hearing directly from you in your video responses or video interviews. We will consider whether you have the testamentary capacity to make your Will. We will consider whether you have or have not been unduly influenced by anyone else.

18. We will only supply you with a Will if in our professional opinion we can confidently conclude that:

18.1. you understand the significance and effect of a Will and the extent of your property,

18.2. the decisions you are making are entirely your own,

18.3. the Will you have ordered from us adequately meets your needs.

19. Our service does include legal advice so that you may make an informed decision on what your Will should and should not include. We will record that advice in a Letter of Advice for you to read before you execute your Will. We will advise you on issues if we identify them that might impact your estate or your beneficiaries but that you might not have known to ask about.

20. We will email your Will to you for you to download and print, unless you subscribe to our Print Post & Store service (see clause 46)

21. We will provide you with instructions for how you must execute your Will.

22. We will not supervise the execution of your Will.

23. We will not check you have executed your Will correctly unless you subscribe to our Print Post & Store service (see clause 46).

24. As stated, we have already asked many and may ask you more questions to gather the information from you that we need to understand your needs and draft a Will to meet them.

25. If you failed to answer a question we asked in the online Will interview that did apply to you or if any answer you have given or do give to us is inaccurate or misleading, then the Will we draft and send to you might also miss something important or be inaccurate. If that is the case, then we are not responsible for that omission or inaccuracy in your Will or the consequences for your intended beneficiaries.

26. It is therefore your responsibility to:

26.1. ensure you have answered all questions we ask that you know or ought reasonably to have known apply to you,

26.2. to ensure that your answers are as complete and accurate as possible.

27. If you are in any doubt about any answer you did or did not provide in the online Will interview or think there may be something else we should know about your circumstances or your wishes then you must tell us before you execute your Will.

28. So that we can meet our responsibility to supply you with a Will that does adequately meet your needs and will be valid providing you execute it correctly, we will conduct a review of your statement of circumstances and wishes and consider your identification documents.

29. That review will be carried out by a paralegal, who has a law degree, working in our legal team under the supervision of our employed Solicitor.

30. If we are in any doubt about your needs after we review your circumstances and wishes and cannot resolve those with you, then we will not be able to provide you with a free basic Will. We will email you a Letter of Advice to explain why.

31. If we can provide you with a free basic Will after our review, then we will aim to email it to you within two working days of your signature of this Letter or, if we require additional information or clarification from you and are then satisfied with your response, within two working days of receipt of that information from you.

32. If you have requested a video appointment with us, then your appointment will be conducted by the person from our legal team named in the emailed booking confirmation. That person may be a paralegal or a Solicitor.

33. If you attend the free video appointment, we will:

33.1. Advise you on the risks already identified to you in the online Will interview and any additional risks we identify during the appointment.

33.2. Advise you whether the free basic Will adequately meets your needs without any additional paid steps or whether additional paid steps are necessary.

33.3. Provide you with a quote for any additional work recommended or required.

33.4. Provide you with up to 30 minutes of our time at no cost.

34. We will not:

34.1. Provide free advice for more than 30 minutes.

34.2. Take the additional steps required or requested beyond what is included in a basic Will unless those are ordered by you and paid for.

34.3. Supervise your execution of your Will.

34.4. Check that you have validly executed your Will unless you subscribe to our Validate, Store & Maintain service and return your executed Will.

35. Where, in our opinion, the basic Will is adequate and you have not requested any additional paid services, we shall aim to email you the Will within two working days of the appointment completing.

36. Where you have requested additional paid services then we shall aim to email you the Will within two working days of payment or, if you have requested Validate, Store & Maintain post your Will within one working week of payment.

37. It is possible that, in discussing your circumstances with you in the appointment, we will form the opinion that the basic Will cannot adequately cater for your needs without advice or steps beyond what is included in a basic free Will.

38. If you choose not to order and pay for services that, in our opinion, are necessary to ensure your Will meets your needs, then we shall not email a draft Will to you. We may email a Letter of Advice to you reminding you of the reasons discussed in the appointment.

39. All appointments take place over Zoom video and will be recorded and transcribed for our records in accordance with our Call Recording Policy (and the Privacy Policy and Processor Terms you have already accepted via our website when completing the online Will interview). You can view all our relevant policies by selecting this link.

40. You will need to ensure you have your camera on and working for the duration of the appointment. If your camera stops working at any point during the appointment, we will need to re-schedule to continue at another time.

41. If you cancel your appointment more than once, or fail to attend your appointment, more than once, then we shall not provide you with a free appointment and we shall email you to say we are unable to send your Will to you.

42. You will need to ensure that you arrange your legal appointment for a time when you are able to fully concentrate on the appointment and what is being explained. Please try to avoid where possible moving from one location to another during the legal appointment. It is not appropriate to be eating a meal or making phone calls during the appointment and where we feel we do not have your full attention during the appointment we reserve the right to stop that appointment and ask you to rearrange for a more convenient time where these factors will not be an issue. This second appointment may be chargeable and we will advise you should that be the case.

43. Please note that you must be alone for a video call. If you need the assistance of someone else to set up the Zoom call, they must then step out of the room for the duration of our appointment.

44. If you have a spouse or partner that is also using Bequeathed to make their Will For Good then, we may if you both wish us to, conduct one video appointment with you both provided that:

44.1. Information received from one of you cannot be treated by us as confidential so far as the other is concerned; and

44.2. If a conflict develops between you, we may not be able to continue to act for either of you (in which case we shall offer you a referral to a legal firm for paid-for advice).

45. Your data is protected by the terms of the Privacy Policy and Processor Terms that you accepted when registering for Bequeathed and using the online Will interview.

46. If you do subscribe to Validate, Store & Maintain and do return your signed Will to us,

46.1. it is our responsibility

46.1.1. to check that you and your witnesses have signed and dated the Will correctly,

46.1.2. to check that the witness names, addresses and occupation are included, and

46.1.3. to check that the witnesses are not also named as beneficiaries in the Will,

46.1.4. to store your validly executed Will in a facility that is protected from fire and flood which will include:

46.1.4.1. a safe at our premises on receipt of your Will and during our validity checks, and after

46.1.4.2. at a third party secure document storage/archival facility of our choosing.

46.2. it is not our responsibility

46.2.1. to check whether the witnesses may be included in a class of un-named beneficiaries in your Will (e.g. my siblings or my nieces), or

46.2.2. to carry out an identity check on the witnesses to check they do exist and do live at the addresses written.

47. If the Will that you have returned to us is not validly executed, then we email you to explain why and print and post a new copy to you. We will only supply one extra copy in this way, and if the second Will is also not valid, then we may cancel your subscription and refund you your subscription payment, less an administration fee of £30 including VAT to cover our reasonably incurred expenses of printing, posting and checking two Wills.

48. Subject to you paying the annual subscription we shall:

48.1. Store your validly executed Will securely for the duration of your subscription

48.2. Return it to you at your request providing that the return address is the address in your Will or, if not, subject to you providing us with suitable proof of your new address so that we may know we are returning your Will to you and you alone

48.2.1. Post it to your Executors at their request after your death subject to them providing us with the original or certified copy of your death certificate and suitable proof of their identity and address so that we may know we are sending your Will to the correct people.

48.2.2. At your request, provide you with up to one hour’s legal advice and Will-drafting time per subscription year to assist you to review your circumstances and wishes with us and, if needed, receive a new draft Will which we will print and post to you once executed, then validate, store and maintain as at 48.1 - 48.2.1 above.

49. If you have any problems, we recommend you raise these informally first with [email protected].

50. If your concerns are not resolved to your satisfaction, then you should raise a formal complaint by emailing [email protected] at which point a ticket will be raised to enable you to track the progress of your complaint which will be investigated by our Solicitor or our CEO, as appropriate.

51. If your complaint is not dealt with to your satisfaction, then you may raise it with the Legal Ombudsman.

52. This Agreement is governed by and construed in accordance with English law.

53. The courts of England and Wales shall have non-exclusive jurisdiction to hear and determine any suit, action or proceedings, and to settle any disputes, which may arise out of or in connection with it.

1. Advice on and preparation of either or both of the Lasting Powers of Attorney for Health and Welfare and Property and Financial Affairs.

2. We will:

2.1. Meet with you through an online video appointment.

2.2. Take instructions from you about the people you wish to be your Attorneys and the decisions you do or do not wish for them to be able to take on your behalf.

2.3. Consider whether you have the mental capacity required to make a LPA.

2.4. Prepare the documentation and explain it to you.

2.5. Subject to 3 above certify that you understand the purpose of the LPA, that no fraud or pressure is being used to make you create it, and that there is no other reason why the LPA should not be created.

2.6. Provide you with written instructions for how you and your intended Attorneys must sign and date the documentation.

2.7. Provide you with written instructions for how to register the LPA with the Office of the Public Guardian (OPG).

2.8. Email the documentation to you or, subject to you paying any required additional fee, post the documentation.

3. We will not:

3.1. Register a LPA with the Office of the Public Guardian for you.

3.2. Pay the registration fee charged per LPA by the Office of the Public Guardian for you.

3.3. Prepare the documentation for you if we form the opinion during our interaction with you that do not have the requisite capacity or that you are being coerced or that there is any other reason that our Solicitor may not certify your application. In those circumstances, we shall refund 50% of the fee paid by you for the Service.

4. It is our responsibility to draft and supply you with LPAs that reflect your wishes and that will be accepted and registered by the Office of the Public Guardian providing you and your intended Attorneys sign, date and witness the documents in the way we instruct you to do so.

5. Subject to you sending the documents to the OPG for registration within 8 weeks of the date upon which we send the drafts to you, if the documents are rejected by the OPG due to an error we have made, then it is our responsibility to redraft the documents at no additional cost to you and to reimburse you a sum equivalent to the registration fee at 3.2.

6. It is not our responsibility to supervise the signature and witnessing of the LPAs by you or your intended Attorneys.

7. It is not our responsibility to ensure you have successfully registered the LPAs and we shall not be liable if you fail to send the LPAs to the OPG for registration within 8 weeks of the date upon which we send the drafts to you and the LPAs are then later rejected from being registered by the OPG for whatever reason.

8. It is your responsibility to follow our instructions to correctly sign and date the documents in front of suitable witnesses, and to ensure your intended Attorneys do likewise, all in the correct order.

9. It is your responsibility to follow our instructions for how to register the LPAs and, within 8 weeks of the date upon which we send the drafts to you, to send the signed, dated and witnessed documents to the OPG for registration.

10. It is your responsibility to ensure that receipt of your application to register the LPAs is acknowledged to you by the OPG either by email or by post as you prefer, and to ensure you receive similar notice that the registration has been successfully completed by the OPG.