Terms & Conditions

1. Introduction

These Terms and Conditions ("Terms") govern your use of the services provided by Rose Dean Legal Ltd, trading as Wills & Legal ("we", "us", or "our"). By engaging our services, you agree to be bound by these Terms.

Rose Dean Legal Ltd is a company registered in England and Wales under company number 12570100. Our registered office is at Kanda House, Unit 7, 241-243 Soho Road, Handsworth, Birmingham, B21 9RY.

2. Services Provided

We provide professional legal services including but not limited to:

• Will writing and estate planning services
• Islamic wills compliant with Sharia principles
• Lasting Power of Attorney preparation and registration
• Trust creation and administration
• Estate planning and inheritance tax advice
• Document storage and amendment services

All services are subject to our professional standards as members of The Society of Will Writers.

3. Engagement and Instructions

3.1 Initial Consultation: We offer a free, no-obligation initial consultation to discuss your needs and our services.

3.2 Formal Engagement: Our formal engagement begins when you accept our terms and provide written instructions for the services required.

3.3 Your Instructions: You must provide clear, accurate, and complete instructions. We are entitled to rely on the information you provide unless we are aware it is incorrect.

3.4 Changes to Instructions: You may change your instructions at any time. Changes may affect the scope of work, timescales, and fees.

4. Fees and Payment

4.1 Fee Structure: We operate on a fixed-fee basis for most services. You will be informed of all fees before work commences.

4.2 Payment Terms: Payment is typically required upon completion of services or as otherwise agreed in writing. We accept payment by bank transfer, cheque, or card.

4.3 Disbursements: Some services may involve third-party costs (disbursements) such as registration fees. These will be clearly identified and charged at cost.

4.4 Late Payment: We reserve the right to charge interest on overdue accounts in accordance with the Late Payment of Commercial Debts (Interest) Act 1998.

5. Our Obligations

We will:

• Provide professional services with reasonable care and skill
• Act in your best interests at all times
• Maintain confidentiality of your information
• Keep you informed of progress on your matter
• Provide clear explanations in plain English
• Comply with all relevant professional and legal obligations
• Maintain appropriate professional indemnity insurance

6. Your Obligations

You agree to:

• Provide accurate, complete, and timely information
• Respond promptly to our requests for information or instructions
• Pay our fees and any disbursements when due
• Inform us of any changes to your circumstances that may affect our services
• Review draft documents carefully and provide feedback
• Notify us if you do not understand any aspect of our advice

7. Capacity and Mental Capacity

7.1 Testamentary Capacity: To make a valid will, you must have testamentary capacity as defined by law. We will assess this as part of our service.

7.2 LPA Capacity: To create a Lasting Power of Attorney, you must have mental capacity to understand the nature and effect of the LPA.

7.3 Professional Duty: If we have concerns about capacity, we have a professional duty to address these concerns, which may include seeking medical opinion or declining to proceed.

8. Confidentiality and Data Protection

We are committed to maintaining the confidentiality of your information. Our handling of your personal data is governed by our Privacy Policy, which should be read in conjunction with these Terms.

We may be required to disclose information in certain circumstances, such as to comply with legal obligations, prevent fraud, or protect the rights of others.

9. Document Storage

9.1 Storage Service: Storage for wills and other important documents can be discussed. This service is subject to separate terms and fees if applicable.

9.2 Your Documents: Original documents stored with us remain your property. You may request their return at any time.

9.3 Security: We maintain appropriate security measures for stored documents, but cannot guarantee against loss due to circumstances beyond our control.

10. Limitation of Liability

10.1 Professional Standards: We maintain professional indemnity insurance as required by The Society of Will Writers. Our liability is limited to the extent of this insurance cover.

10.2 Exclusions: We are not liable for:

• Loss arising from inaccurate or incomplete information you provide
• Losses resulting from delays caused by factors outside our control
• Indirect or consequential losses
• Actions or advice of third parties
• Changes in law or tax treatment after completion of our services

10.3 Time Limits: Any claim against us must be brought within 6 years of the date you became aware (or should reasonably have become aware) of the issue.

11. Termination

11.1 Your Right to Terminate: You may terminate our engagement at any time by giving written notice. You will be liable for fees for work completed up to the date of termination.

11.2 Our Right to Terminate: We may terminate our engagement in certain circumstances, including:

• Non-payment of fees
• Loss of confidence in your instructions or capacity
• Conflict of interest
• Professional or ethical concerns
• Breakdown in the professional relationship

11.3 Effect of Termination: Upon termination, we will provide you with all relevant documents and information, subject to settlement of outstanding fees.

12. Complaints

We are committed to providing excellent service. If you are dissatisfied with any aspect of our service:

• Please contact us immediately to discuss your concerns
• We will investigate and respond to complaints promptly
• If you remain dissatisfied, you may refer your complaint to The Society of Will Writers
• As a last resort, you may seek legal advice or pursue a claim through the courts

13. Third Party Rights

These Terms are between you and us. No third party has any right to enforce any provision of these Terms. This does not affect any rights or remedies of beneficiaries under documents we prepare for you.

14. Changes to These Terms

We may update these Terms from time to time. The version in force at the time you engage our services will apply to that engagement. Current Terms are always available on our website.

15. Governing Law

These Terms are governed by the laws of England and Wales. Any disputes will be subject to the exclusive jurisdiction of the courts of England and Wales.

16. Contact Information

If you have any questions about these Terms, please contact us: