Make a Will Online Terms and Conditions for customers making Wills and/or Lasting Powers of Attorney
Did you want to see Digilegal Trustees’ Terms & Conditions? If so please click here
1. These terms
1.1 What these terms cover. These are the terms and conditions on which we supply our products to you, whether these are goods (e.g. printed documents)), services (preparing and checking your documents) or digital content (digital copies of your documents).
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
1.3 Are you a business customer or a consumer? These terms are for you if you are a customer who is purchasing a document for yourself or with a friend or family member. If you are a business or a charity buying for your customers or supporters please get in touch and we will supply you with our terms of business.
2. Information about us and how to contact us
2.1 Who we are. We are Digilegal Limited a company registered in England and Wales. Our company registration number is 07613710 and our registered office is at 364 – 366 Cemetery Road Sheffield England S11 8FT. The terms “we”, “us”, “our” means Digilegal Limited
2.2 How to contact us. You can contact us by email at contact@makeawillonline.co.uk or by phoning 02071932747.
2.3 How we may contact you. If we have to contact you we will do so by writing to you at the email address you provided to us, by telephoning you using a phone number you provide, or by writing to you at the address you have entered.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. Our contract with you
3.1 What services we will provide.
3.1.1 Wills
Our service to you will be to (i) prepare a simple will incorporating the Society of Trust and Estates Practitioners’ Standard Provisions (2nd Edition) in accordance with the information you provide us with (ii) send it to you by email (and by post to your address in England & Wales if our Print & Send service is purchased) and (iii) provide you with instructions about what steps you need to take to complete the will and (iv) provide feedback on the will from a solicitor by email or by telephone if. Until the will is completed in accordance with our instructions it will not be legally binding.
3.1.2 Lasting Powers of Attorney
Our service to you will be to (i) prepare a Lasting Power of Attorney (LPA) for your property and finances and/or your health and welfare decisions in accordance with the information you provide us via our online LPA platform (ii) send it to you by email (iii) provide you with instructions about what steps you need to take to complete your LPA(s) (iv) sign your LPA(s) as your Certificate Provider (if you have instructed us to take on this role) (v) assist all relevant parties with the signing of your LPA(s) and (vi) submit your LPAs to the Office of the Public Guardian for registration (vii) facilitate storage of your LPAs with National Will Safe if required by you.
Until the LPAs are completed and registered in accordance with our instructions they will not become legal documents.
3.2 What services we will not provide.
3.2.1 Wills
We will not provide advice on: (i) drafting trusts other than those included in the Society of Trust and Estate Practitioners’ Standard Provisions (2nd Edition) or administration of trusts, (ii) tax or tax planning including the availability of inheritance tax relief, (iii) family or childcare issues, (iv) divorce, pre-nuptial or post-nuptial agreements, (v) wills made in contemplation of marriage, (vi) any aspect of international or inter jurisdictional advice including property, law, residence, domicile or tax, (vi) contingent gifts, (vii) review of wills prepared by other providers, (viii) drafting bespoke documentation, (ix) potential claims on your estate, (x) which assets will form part of your estate, (xi) business or agricultural assets, (xii) any other matter other than those set out in 3.1 above.
3.2.2 Lasting Powers of Attorney
We will not provide advice on: (i) the appointment of attorneys or replacement attorneys in your LPAs and how they will act for you or your choice of certificate provider or inclusion of persons to be notified, (ii) the appropriateness or legal effects of the wording of preferences and instructions which you wish to include in your LPAs, (iii) whether you should give your attorneys authority to give or refuse life-sustaining treatment on your behalf if you are making a health and welfare LPA, (iv) any aspect of international or inter jurisdictional advice including property, law, residence, domicile or tax, (v) review of LPAs or any other type of power of attorney prepared by other providers, (vi) drafting bespoke documentation outside the parameters of our online LPA platform, (vii) assessing your mental capacity to make LPAs when using a third party certificate provider, (viii) business property or the preparation of business LPAs, (ix) the likely success of any claim made by you for an exemption or remission of the registration fees payable to the Office of the Public Guardian, (x) any other matter other than those set out in 3.1 above.
3.3 How we will accept your order. Our acceptance of your order will take place when we email you with your draft documents.
3.4 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product or we will issue a refund. This might be because of local or international restrictions, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.5 Our products are designed for use in England and Wales. Our website is for the preparation of wills and the preparation and registration of LPAs in England and Wales. By entering into a contract with us you certify you are resident and domiciled in England and Wales and your order relates solely to assets held or decisions which need to be made in England and Wales or, if this is not the case, that you have taken independent expert advice from a local lawyer and you are making documents with us at their behest.
4. Making your will or LPAs
4.1 When we will provide the products. During the order process we will let you know when we will deliver the products to you. If the products are ongoing services or subscriptions such as our Lifetime Updates service, we will also tell you when and how you can end the contract.
(a) If the documents are printed. If the products are printed by us and sent to you we will deliver them to you after 14 days of our sending to you the draft documents by e-mail but within 30 days after the day on which you order.
(b) If the will is a one-off purchase of an online only document. We will make the will available by emailing you as soon as we accept your order.
(c) If the products are ongoing Lifetime Updates subscription. We will supply the ability to update your will to you until the subscription expires or you end the contract as described in clause 6.
4.2 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
4.3 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, the delivery company will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
4.4 Joint instructions. Where we accept an order jointly from yourself and another person (such as your spouse, civil partner or partner), we will assume that you are both authorised to give us instructions. You are both jointly and severally liable to pay our costs and expenses.
4.5 We are not responsible for false or dishonest information provided to us. It is your responsibility to ensure that all information provided to us is accurate and honest.
4.6 Who can use our service. Our service is designed to allow you to enter your wishes about your will. Using our system to create a will for someone other than yourself is a breach of these terms. You may only use our service if: you are aged 18 or over; you require the product to be used in England and Wales; you have sufficient mental capacity to make the product and understand the nature and effects of doing so; you are able to read and understand the English language.
5. Updating your documents
5.1 Wills
It is possible to update your wills using our website. You may not update or change anything in the will apart from through our website or by contacting us in writing. As a standard customer purchasing a will a no other services you can edit your will up to 3 times for 30 days following your purchase. If you have ordered our print and send service, we will send the wills only once per payment following either the expiry of 5 days or your confirmation that you are happy with the contents of the will (whichever is sooner). If you are a Lifetime Updates customer you can update your wills up to five times per year. If you want these updated printed and posted you have to pay for each version you order from us.
5.2 Lasting Powers of Attorney
It is not possible to update your LPAs once they have been signed by you. You must complete new LPAs and cancel your existing LPAs. New costs for preparing these documents and Court fees to register these documents will apply. If you are a Lifetime Updates customer for your letter of preferences you can update your letter up to five times per year.
6. Ending your contract with us
Wills
6.1 You can always end your contract with us. Our goodwill guarantee (see below) goes further than your statutory rights. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 8.2
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 6.2;
(c) If you are a consumer and have just changed your mind about the product You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions: we cannot provide a refund for the cost of printing and sending the wills to you if we have sent you the wills with the content that you gave us and there is no physical defect with the wills.
6.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (c) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
(a) there is a risk that supply of the products may be significantly delayed because of events outside our control;
(b) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 10 days;
(c) you have a legal right to end the contract because of something we have done wrong.
6.3 Our goodwill guarantee for consumers. Please note, these terms reflect the goodwill guarantee offered by us to our UK consumer customers, which is more generous than your legal rights under the Consumer Contracts Regulations in the ways set out below. This goodwill guarantee does not affect your legal rights in relation to faulty or misdescribed products (see clause 8.2):
| Right under the Consumer Contracts Regulations 2013 | How our goodwill guarantee is more generous |
| 14 day period to change your mind. | 28 day period to change your mind. |
| Consumer to pay costs of return. | No cost for return if goods are destroyed. |
6.4 If you want to end the contract with us. To end the contract with us, please let us know by emailing us at contact@makeawillonline.co.uk. When you do that:
- You must delete/destroy all physical and electronic copies of the will and confirm that you have done this in writing.
- If you are entitled to a refund under these terms we will refund you the price you paid for the products including delivery costs, by the method you used for payment subject to deductions for printing and sending.
- We will make any refunds due to you as soon as possible and in any event issued within 14 days. Refunds usually appear immediately but can sometimes take 5 to 10 days to show on customers’ account.
Lasting Powers of Attorney
6.5 You can always end your contract with us. Our goodwill guarantee (see below) goes further than your statutory rights. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 8.2;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 6.6;
(c) If you are a consumer and have just changed your mind about the product You may be able to get a refund if you are within our 14 day cooling-off period, but this may be subject to deductions: we cannot provide a refund after you have been sent the original documents by post for signing; we cannot provide a refund for the cost of printing and sending the LPAs to you if we have sent you the LPAs with the content that you gave us and there is no physical defect with the LPAs.
6.6 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (c) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
there is a risk that supply of the products may be significantly delayed because of events outside our control;
we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 10 days;
you have a legal right to end the contract because of something we have done wrong.
6.7 Our goodwill guarantee for consumers. Please note, these terms reflect the goodwill guarantee offered by us to our UK consumer customers, which is more generous than your legal rights under the Consumer Contracts Regulations in the way set out below. This goodwill guarantee does not affect your legal rights in relation to faulty or misdescribed products (see clause 8.2):
| Right under the Consumer Contracts Regulations 2013 | How our goodwill guarantee is more generous |
| Consumer to pay costs of return. | No cost for return if goods are destroyed. |
6.8 If you want to end the contract with us. To end the contract with us, please let us know by emailing us at contact@makeawillonline.co.uk. When you do that:
(a) You must delete/destroy all physical and electronic copies of the LPAs and confirm that you have done this in writing.
If you are entitled to a refund under these terms we will refund you the price you paid for the products including delivery costs, by the method you used for payment subject to deductions for printing and sending.
(c) We will make any refunds due to you as soon as possible and in any event issued within 14 days. Refunds usually appear immediately but can sometimes take 5 to 10 days to show on customers’ account.
7. Our rights to end the contract
7.1 We may end the contract if you break it. We may end the contract for a product at any time if you fail to pay for it.
7.2 If the law changes. We may end the contract if the laws or regulations in England and Wales change so that it is no longer possible to provide products or services to you.
7.3 We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know at least 28 days in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
7.4 Where it is found that you did not have mental capacity at the time of signing your documents. By completing your purchase, you are confirming that you have sufficient mental capacity to sign the same. We will not be held responsible if it is later found not to be the case. We reserve the right to end the contract if it comes to our attention that you do not have sufficient mental capacity to sign the documents.
7.5 Death during the matter. We do experience situations where a customer unfortunately passes away during the process of making a Will or an LPA. We are unable to offer a refund in these circumstances if you pass away outside of our cooling off period, as the work has already been conducted by us.
8. If there is a problem with the product
8.1 Tell us about problems. If you have any questions or complaints about the product, please contact us. You can write to us at contact@makeawillonline.co.uk. If we cannot deal with your complaint: alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are a consumer and are not happy with how we have handled any complaint, please follow the complaints procedure set out by the Society of Will Writers.
8.2 Your rights in respect of defective products. If you are a consumer we are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the products. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
If your product is goods, for example a printed document, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
- Up to 30 days: if your goods are faulty, then you can get an immediate refund.
- Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
- Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
If your product is digital content, for example an electronic document, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:
- If your digital content is faulty, you’re entitled to a repair or a replacement.
- If the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back.
- If you can show the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation.
If your product is services, for example subscription service for updates, the Consumer Rights Act 2015 says:
- You can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.
- If you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.
- If you haven’t agreed a time beforehand, it must be carried out within a reasonable time.
See also clause 6.2.
End of Summary of your Key Legal Rights.
9. Price and payment
9.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct.
9.2 When you must pay and how you must pay. We accept payment with major debit or credit cards or payment via PayPal. When you must pay depends on what product you are buying:
- For goods, you must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.
- For digital content, you must pay for the products before we send them.
- For services, we will take payment by direct debit or other subscription annually in arrear.
9.3 When additional costs may be payable. We will charge additional costs for any work which is not included in Clause 3.1, excluding but not limited to: our defending an assessment of your mental capacity to prepare LPAs where we are acting as your Certificate Provider if such an assessment decision is challenged; additional time and correspondence in dealing with an objection raised to your application to register your LPAs. We will provide you with an estimate of these costs at the time when such work is required to be undertaken.
10. Our responsibility for loss or damage suffered by you if you are a consumer
10.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
10.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation by us; for breach of your legal rights in relation to the products including the right to receive products which are as described. Wherever it is not prohibited at law we limit our liability to the value of the services provided and paid for by you.
10.3 When we are liable for damage caused by defective digital content. If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by taking reasonable care to avoid damage to your computer including installing a firewall and anti-virus software and following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
10.4 We are not liable for business losses. We only supply the products for to you for domestic and private use. Unless agreed with you by separate arrangement we exclude all liability for any loss or damage suffered by you if you are a business save for personal injury or death.
10.5 We are not liable for loss as a result of storage of documents. We exclude all liability for any loss or damage suffered by you as a result of the storage of documents by yourself or a third party.
10.6 We are not liable for loss as a result of incorrect documents. We will not be liable for loss as a result of your providing us with incorrect or dishonest information. We will not verify your answers or any information provided by you when you complete your documents. We will not be liable for proof reading your documents for typographical errors.
10.7 We are not liable for loss as a result of your not taking adequate legal advice. We will not be liable for loss or any adverse consequences where you have not taken adequate legal advice on the suitability of the documents for your particular circumstances. You are responsible for carrying out future reviews of the documents to ensure their continued suitability and their legal effectiveness.
10.8 Limitation of our liability We limit liability to the value of the contract which has been entered into with you.
11. How we may use your personal information
We will only use your personal information as set out in our privacy policy.
12. Other important terms
12.1 Our intellectual property and website. You are granted a non-exclusive, nontransferable licence by us to use our Website and to print pages from the Website and the documents that we send you. If you order and pay for a will you will be emailed a copy. If you order and pay for an LPA you will be sent the original by post. You must not modify, copy, reproduce, upload, post, transmit or distribute by any means or in any manner whatsoever, any material or information emailed to you or downloaded from our website except where expressly invited to do so by us. You may not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party any documents or the content of our website in any way; (ii) modify or make derivatives based upon our documents or our website; (iii) embed a document or another part of our website as an “iframe” or “frame” from within another application; or (iv) reverse engineer or access the services we provide or our documents in order to (a) build a commercial product or service, (b) build a document making process using ideas, features, functions or graphics that are similar to those related to us, or (c) copy any ideas, features, functions or graphics of our website. When using our website you shall not: (i) send any correspondence that has not been suitably scanned for any software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (ii) interfere with or disrupt the integrity or performance of our website or the data on our website, or our servers or networks; (iii) attempt to gain unauthorised access to secure pages of our website or its related systems or networks; or (iv) take any action that imposes an unreasonably or disproportionately large load on our system.
12.2 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 28 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.
12.3 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. We may not agree if we feel that this could cause any confidentiality, ethical, privacy or compliance issues. However, if you are a consumer you may transfer our guarantee at clause 6.3 to a person who has acquired the product or, where the product is services, any item or property in respect of which we have provided the services. We may require the person to whom the guarantee is transferred to provide reasonable evidence that they are now the owner of the relevant item or property, for example by providing a solicitor-certified copy of their passport or other photographic identification.
12.4 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms, except as explained in clause 12.3 in respect of our guarantee. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
12.5 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
12.6 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
12.7 Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English and Welsh law and you can bring legal proceedings in respect of the products in the English and Welsh courts.