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.

Definitions

The Term, 'the Company', shall mean us; and the term 'Us/We' shall mean 'the Company'. 'Us/We' means Active Wills Limited whose registered office is at: The Old Magistrates Court, Cheshire Street, Market Drayton, Shropshire TF9 1PH. Company Registration Number: 07673930

The Term, 'the Client' shall mean you; the term 'You' shall mean 'the Client' '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.

The Term, “Expert Review Service” shall mean a person employed directly 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:

The use of this website is strictly for those over the age of 18 years and by continuing to use the website and purchase services you are confirming that you are over the age of 18 years and capable of entering into a valid contract and that you have the mental capacity to do so. If you do not have mental capacity or you are not over the age of 18 years then use of this site is strictly prohibited.

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. All advice and guidance provided is of a general nature and does not take into account anybody’s individual circumstances and we are unable to accept liability where those individual’s circumstances are such that in depth professional advice should be taken prior to completion of a Will or LPA document. By proceeding with the use of this site without taking independent legal advice, medical advice or taxation advice you are accepting the risk and we cannot be held responsible for any document being unsuitable for your needs.

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.

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. 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. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Information supplied on this website is as a guide only and does not constitute legal advice. Your failure to follow the guidance thereby resulting in incorrectly produced documents is your own responsibility and if you feel that you are not in a position to understand or abide by the guidance then you should seek independent legal advice before proceeding and the failure to follow the guidance may result if invalid documentation being produced.

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. Accordingly, 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. Accordingly, it will only be necessary for us to intervene unless 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, not 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. You should review all specifications required to enable you to use the service and follow any guidance provided for printing of the documents carefully. In particular if you choose to access this service using Microsoft Edge then you should pay attention to the printing requirements.

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 state or 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 Active Wills Limited website is available for use where reasonably possible at all times. However, We reserve the right without notice to have the ability to amend, remove, restrict any online services access that we provide.

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. Our online will(s) service generates legally valid wills(s) in England and Wales and at present are only 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 they may not 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 of taxation. Accordingly, it is your responsibility to regularly review your will(s) with regard to any subsequent changes and we do not accept any liability with regards to same.

Online Specific Services Content:

Lasting Power of Attorney(s)

Our website has a provision for creating your own online Lasting Power of Attorney(s). This provision has been designed for the lay person(s) to be able to draft a simple Lasting Power of Attorney(s) for Health and Welfare or Finance and Property that are not complicated or include any complicated legal instruction(s). After the online LPA(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 LPA(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/ages and capacities are 100% correct so that your final online LPA(s) that are produced adhere totally to your wishes and we cannot be held responsible for any content that is beyond our control. Our online LPAs) service generates an LPA document that complies with the legislation and guidance supplied by the Office of the Public Guardian and if executed (signed) in the correct manner will constitute a document that is acceptable for registration by the Office of the Public Guardian and will be valid for use in England and Wales. We recommend that if you have any concerns as to whether the online specific LPA services are appropriate for your individual circumstances and if you have any doubt as to whether they may not meet your individual needs then you are advised to seek independent legal advice before purchasing and subsequently completing your online LPA(s). Your LPA(s) will reflect the law in England and Wales on the date that you make your payment for your online LPA(s). We cannot guarantee the validity and effectiveness of your online LPA(s) as a consequence of subsequent changes to the law in England Wales. Accordingly, it is your responsibility to regularly review your LPA(s) with regard to any subsequent changes and we do not accept any liability with regards to same.

This service will provide you with a document using the information which you provide following the guidance provided by completing relevant sections and creating a form LPA which is in line with the Office of the Public Guardian requirements. We will endeavour to update our service in line with amendments or alterations to the forms as and when publicised by the Office of the Public Guardian. It is important that the signing of the forms takes place as soon as practicable after using this service to ensure that it is signed at a time when it met with the Office of the Public Guardian requirements. We will not notify you of any amendments made to the forms or the requirements of the Office of the Public Guardian. It is your responsibility to ensure that you have executed/signed the document prior to any deadline for change to the form.

This online Service is for the production of the LPA forms and does not include registration of the forms with the Office of the Public Guardian. Blank registration forms can be downloaded but it is your responsibility for the completion of the forms and submission of the application and the fee (currently £82.00 per LPA) to the Office of the Public Guardian. YOU WILL NOT BE ABLE TO USE THE DOCUMENTS UNTIL THEY HAVE BEEN REGISTERED WITH THE OFFICE OF THE PUBLIC GUARDIAN.

Third Party Data

If you have provided third party information regarding another person or persons identifiable from your online Will(s)or LPA(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 or LPA 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.

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 online 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 in respect of same. If you have selected our Expert Review Service then you will need to print off your will(s) and send to us at the freepost address when 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 before 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 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.
  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 and it is recommended that you seek independent tax advice before proceeding to use this service.
  5. For the avoidance of any doubt Active Wills Limited are 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 or LPA(s).
  6. We do not and cannot verify the accuracy of any information that you have provided in connection with your online Will or LPA(s). Accordingly, it is the users responsibility for the validity of the identity of individuals named in your online Active Will or LPA(s). We are unable to ascertain that either you as the Testator/Donor has the requisite capacity to enter into creating your own online will or LPA(s). Neither, can we confirm that the witnesses to your will or LPA(s) are of the appropriate age and have the relevant legal capacity required to witness your will or LPA(s) should the validity of your online will or LPA(s) be challenged at anytime.
  7. We are unable to provide you with any subsequent advice or make any further amendments to your Active Will(s) or LPA(s) once you have completed your online Will(s)/LPA(s). Accordingly, you will need to purchase a further online Will(s) LPA(s) in the future if you decide you wish to amend your Will(s) or LPA(s) at a future date.
  8. Active Wills Limited provide clear step by step instructions on how to correctly sign and execute your Will or LPA(s). However, we are unable to certify that you have correctly followed the written instructions provided on how to sign your online Active Will or LPA(s) and accordingly we cannot accept any responsibility if you have not followed the instructions properly and your online Active Will or LPA(s) is rejected by the relevant authority.
  9. Active Wills Limited do not give any legal or taxation advice including inheritance tax in respect of your online will or LPA(s) and suggest that if you are in any doubt as to your taxable position then we recommend you take independent legal and taxation advice.

Legal Advice

Active Wills Ltd website content is for information and general guidance only and does not constitute any form of Legal Advice or any client to solicitor relationship. Accordingly, we do not accept any liability with regards to same.

General Liability

By accepting our terms and conditions you are in agreement that Active Wills limited hold no responsibility for any direct or indirect losses you incur as a consequence of producing your online will(s) or LPA(s). SEE SECTION LIMITS ON OUR RESPONSIBILITY AND LIABILITY,

Cancellations

You are paying for the ability to access the Active Wills Limited online website and use our online specific service to create your own basic online Will(s) or LPA(s). By accepting our terms and conditions you are accepting that your payment is for the ability to create your own online will(s)or LPA(s) and that any other services you have purchased but have not been used such as our Expert Review Service, Will(s) copies and Secure Storage are not refundable.

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 0800 9 500 200 or alternatively please write to us at:

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