Terms and Conditions

Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which govern our relationship with you in relation to this website including the purchase of any goods or services offered on our website.

These terms and conditions do you affect your statutory rights.

Definitions

the Company shall mean Active Wills Limited whose registered office is at: The Old Magistrates Court, Cheshire Street, Market Drayton, Shropshire TF9 1PH. Company Registration Number: 07673930

Us/We shall mean 'the Company'

the Client shall mean You

You means the legal person entering this Agreement (whether an individual, a company or any other legal entity), and includes anyone reasonably appearing to the Company to be acting with your authority or permission.

Expert Review Service shall mean the provision of a check of the completed documentation undertaken by a person employed by Active Wills Ltd or other individual, company or any other legal entity having the relevant professional skills to enable them to comment on the validity of your online created will(s).

Website Use

The use of this website is subject to the following terms:

You agree to use our websites and use of any other online specific services or other online facilities only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else's use and enjoyment of our websites.

Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

Neither we nor our affiliates will be liable to you in contract, tort (including negligence) or otherwise for any indirect, consequential, special or incidental damage or loss arising from your use of or inability to use the website, including (without limitation) loss of business or profits or anticipated savings, loss or corruption of data, loss caused by a virus, loss of or damage to property, claims of third parties, fines or penalties levied by any taxing or other authority or any other loss or damage.

You acknowledge that you are in a better position than us to foresee and evaluate any potential damage or loss that you may suffer in connection with our site and that we, therefore, cannot adequately insure against such liabilities.

Jurisdiction

Your use of this website and any dispute arising out of such use of the website is subject to the laws of England and Wales and in the event that any of the terms and conditions are deemed to be void or are not enforceable by any Court of Law in England and Wales then such provision(s) shall be deemed to have been severed and accordingly the remaining provisions contained herein shall continue to prevail.

Unauthorised use of this website may give to a claim for damages and/or be a criminal offence.

Content

The contents of this website are subject to the following terms:

The content of the pages of this website is for your general information only. The possibility of Statutory changes and other changes due to case law and /or 'reinterpretation' of current precedents result in us not being able to guarantee the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. Whilst every reasonable effort is made to keep the information provided on this site up to date the information on this site is not to be considered as legal advice and is not guaranteed to be correct up to date or specific to your particular needs which are unknown to us. By using this website you accept and confirm that such information provided may contain out of date or inaccurate information which may not meet your requirements and cannot replace specific legal advice provided by a professional. We therefore expressly exclude liability or any inaccuracies or omissions on this website in as far as is possible to do so under the laws of England and Wales.

Information supplied on this website is as a guide only and does not constitute legal advice. If you believe that you may require legal advice due to difficult or unusual circumstances then we urge you to seek independent legal advice before proceeding with this service.

Content is subject to change without notice.

You may not create a link to this website from another website or document without Active Wills Limited prior written consent.

Active Wills Limited does not receive payment directly for online specific user services.

Online Specific User Service(s)

Active Wills Ltd reserves the right to be able to access your account or to be able to make corrective amendments or actions to your online specific services as if we were the user. We will only use this ability when it is necessary to address any issues that arise and come to our attention or have been communicated to us by you by way of electronic communication or by other means. It will only be necessary for us to intervene when it is absolutely necessary to do so and by agreeing to comply to the instructions we provide you with your online specific service you are agreeing to our terms and conditions and use of our online specific services.

Intellectual Property

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. You may not copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, make available to the public, or otherwise use our website content in any way except for your own personal, non-commercial use. You also agree not to adapt, alter or create a derivative work from any of the content of this website except for your own personal, non-commercial use. Any other use of our website content requires the prior written permission of Active Wills Limited.

All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.

You are granted a non-exclusive, non-transferable licence by Active Wills Limited to print pages from this website provided you do not remove or modify any copyrights, trademarks or other propriety notices.

Other Disclaimers

We are unable to guarantee that this site will be compatible with your browser or that your access will be uninterrupted.

Our Website incorporates hyperlinks to other websites. We make no representations or endorsements and accept no responsibility for the content or use of any such external site accessed through ours. You acknowledge that we have no control over the content on external sites to which we may link.

If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive and continue to be binding and enforceable.

The failure or delay of Active Wills Limited to exercise or enforce any right in these terms does not waive our right to enforce that right.

These terms shall be governed by and interpreted in accordance with the laws of England and Wales which shall have exclusive jurisdiction over any disputes.

We will ensure that our website is available for use where reasonably possible at all times. However, maintenance may be required and we reserve the right without notice to have the ability to amend, remove, restrict any online services or access that we provide and such restriction of access may be for periods in excess of 24 hours and we accept no liability for an loss delay damage suffered whether financial or otherwise as a result of the inability to access our services and download or print documentation provided.

Online Specific Services Content: Will(s)

Our website has a provision for creating your own online will(s). This provision has been designed for the lay person(s) to be able to draft simple will(s) that are not complicated or include any complicated legal instruction(s) in order to draft the will(s). After the online will(s) has been purchased a number of questions will be answered that in turn will be evaluated and used to generate the instruction(s) in your online will(s). Therefore, it is imperative that when you are inputting the requested information online that you are able to provide information that is 100% correct. Accordingly, it is your responsibility to ensure that any names/parties/addresses/legacy information/ages and capacities are 100% correct so that your final online will(s) that are produced adhere totally to your wishes and we cannot be held responsible for any content that is beyond our control. The documents provided by our service will be generated using the information you have provided and we cannot accept responsibility for any inaccuracies due to input error. We strongly advise that you check all information before submitting the order. Our online will(s) service generates legally valid wills(s) in England and Wales and at present are available in English only. We recommend that if you have any concerns as to whether the online specific will services are appropriate for your individual circumstances and if you have any doubt as to whether or not they meet your individual needs then you are advised to seek independent legal advice before purchasing and subsequently completing your online will(s). Your will(s) will reflect the law in England and Wales on the date that you make your payment for your online will(s). We cannot guarantee the validity and effectiveness of your online will(s) as a consequence of subsequent changes to the law in England Wales or issues surrounding taxation. It is your responsibility to regularly review your will(s) with regard to any subsequent changes and seek advice concerning any potential tax implications.

Third Party Data

If you have provided third party information regarding another person or persons identifiable from your online Will(s) content by accepting these terms and conditions you are confirming that you have their permission to hold this information and that they are in agreement and that the information held will only be utilised and made available as part of your online specific will content and that any data that we hold in respect of same will be stored, used and processed in accordance with our data protection policy and that you are put on notice that we may pass data and information to third parties in order to assist you with your online specific service or any other party that we see fit where we feel that additional services may benefit you. By proceeding with the service you are accepting that you may be contacted in relation to other products and services that we feel may be of use and interest to you.

Expert Review Service: Will(s)

If you do not wish for this service then your final will(s) are available for you online to print off when you have completed the online will(s) process. They will be available to print off from the website for 7 days only. If you have difficulty in accessing your online Will(s) to print of then please e mail Active Wills Ltd at support@activewills.com To request further copies. If you have selected our Expert Review Service then you will need to print off your will(s) and send it to us at the freepost address provided where your documents will be checked and returned within a reasonable timeframe. During the Expert Review service we will ensure that your online will(s) are:

  1. Compliant with the legal obligations and formalities of a legally valid will(s) at the time of your purchase and that the will(s) is signed and executed correctly.
  2. Checked to ensure that your online will(s) includes all your intended instructions/details for Executors/beneficiaries and that legacies are contained within the body of your will(s) and there are no accidental duplications or contradictions that impact on the validity and construction of your will(s). In circumstances where we identify concerns with respect to your online will(s) we will contact you to clarify your instructions or ascertain what the relevant intentions were and will thereafter communicate directly with you by e mail or telephone if necessary to discuss our concerns and make relevant changes/ amendments with your approval. By agreeing to this service you accept that you may be contacted by us by telephone or email to clarify matters further and address any concerns.
  3. Checked as far as reasonably possible to ensure that there are no typographical mistakes in your will(s). However, we cannot be responsible for identifying that there are any spelling errors in the names/ addresses/legacies/ capacities or any other text that you have inputted during the course of the creation of your online Will(s). Accordingly, as previously stated you are responsible for ensuring that the online will(s) meets your needs as is suitable for you. If you have any doubt then you should take independent Legal Advice in respect of same.
  4. Active Wills Limited do not provide any inheritance tax advice or any other tax advice of any kind to users of this Website. If you are aware of any tax issues or believe that you may be affected by taxation they we recommend that you seek independent advice from your accountant or financial adviser. We accept no liability whatsoever for any loss arising as a result of your failure to obtain appropriate financial/taxation advice.
  5. For the avoidance of any doubt Active Wills Limited is unable to provide any kind of certification that Active Wills Limited online wills are suitable for your individual circumstance and are unable to make requests or investigate your individual circumstances in connection with your online Active Will.
  6. We do not and cannot verify the accuracy of any information that you have provided in connection with your online Will. Accordingly, it is your responsibility to check the validity of the identity of individuals named in your online Active Will. We are unable to ascertain that either you as the Testator has the requisite capacity to enter into creating your own online will. Neither, can we confirm that the witnesses to your will are of the appropriate age and have the relevant legal capacity required to witness your will should the validity of your online will be challenged at any time.
  7. We are unable to provide you with any subsequent advice or make any further amendments to your Active Will(s) once you have completed your online Will(s). Accordingly, you will need to purchase a further online Will(s) in the future if you decide you wish to amend your Will(s) at a future date.
  8. Active Wills Limited provide clear step by step instructions on how to correctly sign and execute your Will. However, we are unable to certify that you have correctly followed the written instructions provided on how to sign your online Active Will and accordingly we cannot accept any responsibility if you have not followed your instructions properly and your online Active Will is rejected by the relevant authority.

Professional Executorship

When acting as Professional Executors The Will Associates Asset Management Ltd will charge an Executorship fee of 1.95% of the gross estate for acting as your Executor and taking on the responsibility and risk associated with the role In addition there will be the usual fees, disbursements (such as court fees) and VAT.

Legal Advice

Active Wills Ltd website content is for information and general guidance only and does not constitute any form of Legal Advice and does not constitute a client/lawyer/solicitor relationship. Accordingly, we do not accept any liability with regards to loss or suffering as a result of your failure to obtain independent legal advice and determine whether or not a simple online will is adequate for your specific needs and requirements. General Liability By accepting our terms and conditions you agree and accept that Active Wills limited holds no responsibility for any direct or indirect losses you incur as a consequence of producing your online will(s). SEE SECTION LIMITS ON OUR RESPONSIBILITY AND LIABILITY,

Cancellations

The fee charged by Active Wills Limited is for your access and use of the e Active Wills Limited online website. The fee enables you to use our online specific service to create your own basic online Will(s). By accepting our terms and conditions you are accepting that your payment is for the ability to create your own online will(s) and that no guarantee is provided that you will receive any documentation or a legally valid Will should you fail to follow the instructions and complete the process for the production of a Will in accordance with your inputted information. Any services that you may purchase in addition to the fee for access such as the Expert Review Service and additional Copies/storage are not compulsory and may be utilised within a reasonable period of time. Failure to utilise the service will not give rise to a refund.

Third Party Sites

This website may contain links to other third party websites

Use of your Information

The information that we collect and store relating to you is primarily used to enable us to provide our services to you. In addition, we may use the information for the following purposes:

  • To provide you with information requested from us, relating to our products or services.
  • To provide information on other products which we feel may be of interest to you, where you have consented to receive such information.
  • To meet our contractual commitments to you.
  • To notify you about any changes to our website, such as improvements or service changes, that may affect our service.

If you are an existing customer, we may contact you with information about goods and services similar to those which were the subject of a previous sale to you.

If you are a new customer, we will only contact you or allow third parties to contact you when you have provided consent and only by those means you provided consent for.

Please be advised that we do not reveal information about identifiable individuals to our advertisers but we may, on occasion, provide them with aggregate statistical information about our visitors.

Contacting Active Wills Limited

We are happy to address any queries or issues you may have relating to our website and online services please contact our Customer Services Department By e-mail: support@activewills.com or by telephone on 08009500700, or alternatively please write to us at:

Active Wills Limited
The Old Magistrates Court
Cheshire Street
Market Drayton
Shropshire
TF9 1PH