Terms of Use

for Willing®, the trading name of 1st Citizen Ltd, Online DIY (do it yourself) will Writing Tools

Thank you for using Willing.co.uk.  Before accessing and or using our website, you must read and agree to the Terms of Use as described below.

Communications between you and Willing® are protected by our Privacy Policy but not by the solicitor-client privilege or as work product. Willing® provides access to independent solicitors and self-help services at your specific direction. Willing® is an online service providing legal forms and information. Willing® is not a law firm or a substitute for a lawyer’s advice about complex wills or estate planning issues. As such, we cannot provide any kind of advice, explanation, opinion, or recommendation about possible legal rights, remedies, defenses, options, selection of forms or strategies. Your access to the website is subject to our Terms of Use. 

KBX Document

Please read carefully. Your use of our website, tools and services imply unconditional acceptance of these terms and conditions.


You should read these terms and conditions carefully – by purchasing a Will using this online Will writing service you confirm that you accept these terms and conditions and agree to abide by them.


In these terms and conditions:


  1. ‘We’, ‘Us’ or ‘Our’ refer to 1st Citizen Ltd

  2. ‘You’ means you, the individual who contracts with us to use the Service

  3. ‘Service’ means the online Will Writing Service

  4. ‘Will Interview Questionnaire’ means the online questionnaire completed by you

  5. ‘Will Generation Software’ means the software used to operate the Service and which is licensed to us by the Licensor

  6. ‘Will Pack’ means the Will, a Will Commentary and signing instructions

  7. ‘Site’ means the website hosting the Service

  8. ‘the Licensor’ means companies that provide tools, infrastructure, web programmes and applications for Willing


Service


  1. You may only use the Service if you:


    are domiciled in England and Wales; are over 18 years of age;

    are able to read, write and see; understand the English language; and

    require your Will to be governed by the law of England and Wales.

  2. Save where we may otherwise advise you, You should not use the Service if: you own property outside of England and Wales;

    you intend to leave England and Wales on a permanent basis; you have business or farming interests;

    you wish to leave any land, building, timeshare or intellectual property as a separate gift;

    you wish to leave anything of value to a person who has a learning disability and/or is dependent on means tested benefits; or

    the value of your estate exceeds the current Inheritance Tax threshold or, if you are married or in a civil partnership, or widowed, your joint estate exceeds twice the current Inheritance Tax threshold.


  3. Access to the Service is only intended for use by you and you can only use the Service to make your Will.


  4. Payment for the Service may only be made through PayPal by a debit or credit card in your name.


  5. By using the Service you confirm that you:


    are not subject to coercion or undue influence; understand the nature and purpose of making a Will;

    have sufficient mental capacity to make and execute a Will; and

    have not been influenced by anyone in answering the questions or providing

    information.


  6. We reserve the right to refuse to process any submitted Will Interview Questionnaire or prepare any Will at our absolute discretion. In the event of the exercise of this right we will refund any payment you have made and cancel your application.


  7. Your Will is prepared automatically and in reliance upon the information provided by you in your completed Will Interview Questionnaire and it is therefore extremely important that you ensure that all information you provide is accurate and complete. Any inaccuracies, errors, or omissions may affect the validity or efficacy of your Will and/or the disposal of your estate.


  8. The Service may offer one or more of the following options:


    Description

    Details

    Premier

    Wills created under this service are generated by the Will Generation Software. Wills are not checked by a legal professional and are entirely created on the basis of the information provided by you. Once you have made payment your Will Pack is available for download.

    Superior

    Wills created under this service are checked by a Will specialist, following which you will be notified that your Will Pack is available for download.

    Superior Plus

    Wills created under this service are checked by a Will specialist, printed, bound and posted to you for signature as part of the Will Pack. We will post your Will Pack to you at the address provided by you by First Class Post and we aim to do so within working days of the expiry of the period of time referred to in 10 below.

  9. We reserve the right to change, add to or amend the options or designations offered by the Service and/or the charges for the Service without notice at any time.


  10. Once you have made payment for the Service you will have the opportunity to change the information in your Will Interview Questionnaire as follows:


    Service Option



    Period

    of

    time

    Premier

    48

    hours




    Superior

    24

    hours




    Superior Plus

    24

    hours





  11. Premier Service only: The generation of a Will under this service does not constitute legal advice and we cannot accept responsibility for the appropriateness of such Will. It is your responsibility to review the Will document carefully before signing to check that the document that has been generated accords with the answers you provided to the questions and accurately records your testamentary wishes.


  12. Superior/Superior Plus Services: If on reviewing your completed Will Interview

    Questionnaire and any additional instructions or comments submitted or raised by you, additional time is required to complete your Will, we reserve the right to make an additional charge. Before any work is undertaken we will provide you with an estimate of such additional charge, and if this is not acceptable to you we will refund sums paid by you and cancel your application.


  13. Please note that Wills are drafted under and in compliance with the laws of England and Wales. If you require your Will to be governed by the law of another country or by religious laws this Service is not appropriate and you must not use this Service.


  14. Your Will Pack includes detailed instructions for the execution of the Will and these must be strictly adhered to. We accept no liability whatsoever for any loss arising out of a failure to fully observe such instructions. Should a beneficiary suffer a loss as a result of your failure to follow the instructions, you or your estate will indemnify us in respect of any claim made by that beneficiary.


  15. We accept no responsibility for any loss caused by your failure to execute the Will in good time or at all. Should a beneficiary suffer a loss as a result of your failure to execute the Will in good time or at all, you or your estate will indemnify us in respect of any claim made by that beneficiary.


  16. Please note we are not be obliged to contact you if there are any changes to UK legislation, including tax legislation, which may have an effect on the provisions or effect of your Will, but we may choose to do so. We cannot be liable to you for any losses, damages or costs (whether arising in contract, tort, negligence, breach of statutory duty or otherwise) arising as a result of our not contacting you in these circumstances.


  17. The Service is offered solely to you for your benefit and that of your beneficiaries under your Will and we do not assume any liability to any person other than you and your beneficiaries under your Will in relation to any advice we may give you.


  18. Unless we indicate otherwise in writing, we assume no responsibility for or liability (including liability for fees) in relation to the acts or omissions of, or advice given by, any experts, consultants or other advisers (including legal advisers) engaged in relation to any matter connected with your instructions given in the course of the Service. Any advice we may give is confidential to you and we shall not be responsible if you make it available to third parties. No person who is not a party to the agreement embodied in these standard terms and conditions and the relative covering communications or your beneficiaries under your Will shall, in the absence of express provision to the contrary, have any right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms, but this does not affect any right or remedy of a third party which exists or is available other than under that Act.


    Estate Administration


  19. If you appoint us as your Executor and in circumstances where we provide an Estate Administration Service we will charge for such services for acting as executor after your death in accordance with the scale of fees applicable at that time.


  20. Where we provide an Estate Administration Service the terms and conditions thereof will be supplied on request. We recommend that you should also read these before accepting these Terms and Conditions.


    Consent to Sharing Information (Mirror Will applicants only)

  21. When applying for a Mirror Will through the Service your spouse/partner/civil partner and you will receive shared information including sight of each other’s Will. In agreeing to these Terms and Conditions you are giving consent to such sharing of confidential information.


    Limitation of Liability


  22. If you appoint us as your Executor and in circumstances where we provide an Estate Administration Service we will charge for such services for acting as executor after your death in accordance with the scale of fees applicable at that time.


    1. the Service being unavailable at any time or for any period;

    2. the Will being lost or delay in downloading the Will or loss or delay of any email transmission or should the Will be lost or delayed in the post; or

    3. any computer virus transmitted to you from the Site or the Service.


  23. We accept no responsibility for the content of, advice given, or goods or services offered by any website linked to the Site and accept no liability for any loss incurred by you in respect of any such content, advice, goods or services.


    Data Protection


  24. All information provided by you to us in connection with the Service, including the information given in the Will Interview Questionnaire, will be used by us in the course of providing the Service, including, if appropriate, the storage of your Will.


  25. We hold your details as data controllers.


  26. We use your details for the purposes of:


    1. providing the Service to you;


    2. generally monitoring the Service;


    3. analysis to help us manage our business;


    4. statutory returns;


    5. legal and regulatory compliance; and


    6. keeping you informed about our services.


  27. We comply with all relevant Data Protection Legislation including GDPR ensuring that all personal data is handled in line with the principles of the legislation.


  28. You have the right of access to your personal records held by us by making a request in writing to:


    The Compliance Officer 1st Citizen Ltd

    90 John Bright St Birmingham

    B1 1BN


    Consumer Contracts Regulations

  29. You acknowledge that the Premier Service involves the automated generation and delivery of your Will and that the Superior and Superior Plus Services require us to carry out work to process your Will. Our standard timescales mean that your Will is delivered to you within the 14 day cancellation period which is usually available to consumers at law. In order to be able to provide the Service we ask that you waive your right to cancel your order, as if you do not we will be unable to provide you with the Service within our normal timescale.


    Intellectual Property Rights


  30. We are the licensee of all intellectual property rights in the Service. The Licensor’s Site and the Will Generation Software, which remain the sole property of the Licensor, and the content, or any part thereof, must not be reproduced. Intellectual property rights include, without limitation, copyright, trademarks, patents, patent applications, the underlying software, the design, graphics, look and feel and structure of the Site and the Service, database rights, and design rights.


  31. For the avoidance of doubt, the Licensor is not a party to this Agreement and has no liability to you in relation to the Service.