Tasks ordinarily expected of a solicitor

Bequeathed terms of legal service

Farewill terms

Octopus Legacy terms

1. Legal advice so a client can understand what options are available to the client for the disposition of their estate and what, exactly, will be the effect of the will they are making.

Our responsibilities

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.

What’s not included

Legal advice on writing your document.

An assessment or certification by us that our service is right for you. After reading these terms and our guidance, including the online suitability questions, you should satisfy yourself that our service meets your requirements and is satisfactory for your purposes and any legal requirements.

11.11 We do not provide legal advice

(c) we are not a law firm, nor are we regulated by the Solicitors Regulation Authority; consequently, neither our Bow Services, Will Services or LPA Services create or constitute a client-lawyer relationship between you and us and they cannot in any way act as a substitute for obtaining your own legal advice and other professional advice.

2. Unbidden advice recommending further advice from another professional like an accountant or warning in relation to the consequences of taking actions or not taking actions which might affect the validity or effect of the will such as marriage or property transactions.

Our responsibilities

19. 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.

What’s not included

Verification, investigation, advice or checks by us on how to mitigate the risk of any actual or potential third party beneficiary claims of whatever kind against your estate.

11.11 We do not provide legal advice.

…. (b) our Services are not designed to provide comprehensive advice, whether legal or otherwise, on the matters that may apply in your particular circumstances.

Accordingly, matters which you consider to be important, or which may otherwise be considered important, to your particular circumstances may not have been addressed in your Bow score or suggestions, your will documentation and/or LPA documentation (as applicable), or may not have been addressed in sufficient detail for your purposes;

3. The drafting of the Will should put into effect the testamentary wishes of the client. That can be very simple or exceptionally complicated depending upon the nature of the client’s affairs and desires.

What we mean by a basic Will

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.

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.

What is and is not included for free

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 Print, Post & Store service for your Will, then those services will not be free.

Document review [online]

The document review is not substantive, is not legal advice and should not be relied on as legal advice. We will not be responsible for identifying all errors or for ensuring the document is fit for your own purpose(s).

What’s included [telephone]

Telephone conversation with a telephone wills specialist.

Written guides to help you understand domicile, undue influence, testamentary and/or mental capacity and and inheritance tax, so you can decide if we’re the right service for you to write your document.

Guidance and support from our telephone wills specialist to help you decide if we’re the right service for you to write your document.

11.10 What we do not do

(a) we do not verify whether the information you provide to populate the will documentation is correct, complete, legally accurate or suitable and/or sufficiently detailed for your particular circumstances;

4. A solicitor should always take careful instructions as to exactly what a client wants to achieve. That would ordinarily involve the solicitor meeting or at least speaking to their client directly. It also involves the solicitor actively asking their client about their affairs and not merely being a passive recipient of such information as the client

Our responsibilities

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.

Document review

You prepare your own individual document when using our service.

What’s not included

An assessment or certification by us that our service is right for you. After reading these terms and our guidance, including the online suitability questions, you should satisfy yourself that our service meets your requirements and is satisfactory for your purposes and any legal requirements.

Your responsibilities in ordering and using our service [telephone]

If you require any of the services detailed above in ‘What’s not included in a telephone will?’ or have complicated circumstances, our service is unlikely to be right for you and we recommend that you seek advice from a Solicitor and/or tax specialist. We’re not liable or responsible if you proceed with our service where it is not fit for your own purposes.

11.11 We do not provide legal advice

You acknowledge that:

(a) our Services are dependent on the information you supply to us to generate your Bow score and suggestions, populate your will documentation and/or LPA documentation (as applicable), and does not claim to be comprehensive or a substitute for legal advice or other professional advice;

11.13 Your confirmation.

By downloading and/or accessing and/or reviewing and/or using our Will Service and/or LPA Service you confirm that:

(a) you have fully considered the provisions of these Terms, have obtained such legal advice as you consider appropriate and consider such provisions to be reasonable;

(4. Continued)

Your responsibilities

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.

5. A solicitor should always be satisfied that their client has testamentary capacity.

Our responsibilities

17. We will consider whether you have the testamentary capacity to make your Will.

What’s not included

Verification, investigation, advice or checks by us on your testamentary and/or mental capacity or those that sign your document. Please seek written confirmation from a doctor if you believe that your testamentary and/or mental capacity may be challenged.

11.10 What we do not do

(c) we accept no responsibility for, and shall have no liability for verifying:

(i) your identity;

(i) your testamentary capacity;

(iii) your mental capacity;

(iv) whether you knew, understood the contents of the will/and or LPA documentation or its legal effect;

6. A solicitor should take steps to avoid any undue influence by, for example, ensuring they meet their client alone and obtaining an explanation for radical changes to prior wills.

Our responsibilities

17. We will consider whether you have or have not been unduly influenced by anyone else.

What’s not included

Verification, investigation, advice or checks by us on whether you are or were subject to any undue influence when using our service or signing your document.

11.12 Limits to our liability to you in respect of our Services

we do not accept any liability for: (b) any loss which you may suffer if your will is invalid, whether as a result of lack of testamentary capacity, or knowledge, understanding or approval of the contents of your will documentation or LPA documentation or their legal effect, or undue influence you may suffer when entering the will or LPA, or third-party fraud;

7. There are certain formalities to ensure the valid execution of a will and a solicitor should take steps to advise their client of the steps which are necessary so that their client can understand what is required.

Our responsibilities

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

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

What’s included

A document capable for use as a will emailed or posted to you with signing instructions and the guidance outlined above

11.2 Limits to our liability to you in respect of our Services

we do not accept any liability for: (a) any loss resulting from lack or invalidity of execution of the will documentation or LPA documentation, or your failure to follow our guidance in that respect;

8. A solicitor should also take steps to ascertain that when the document is returned to him it has been validly executed.

Our responsibilities

23. We will not check you have executed your Will correctly unless you subscribe to our Print Post and Store service.

What’s not included

Supervising or checking the signing process/execution of your document.

11.10 What we do not do

(b) our Will Service and LPA Service do not include execution of the documentation. It is your responsibility to print it off and arrange for its execution in accordance with the laws of England and Wales.