Terms

Terms and conditions

General

1. The full name of our company is The Law Wizard Limited (“us” or “we”). The company is registered in England and Wales, registered company number is 07491557. The registered office is The Ron Cooke Hub, York Science Park, York, YO10 5GE.
2. You can contact us by writing to our registered office or by e-mailing info@thelawwizard.com.
3. These terms and conditions apply to registered or unregistered users of our website www.thelawwizard.com including our blog www.blog.thelawwizard.com (together referred to as “our Website”) and to registered users of The Probate Wizard (“The Probate Wizard”).
4. “You” refers to a user of our Website and/or The Probate Wizard.
5. These terms and conditions represent your agreement to enter in to a legally binding contract with us.
6. By using our Website or The Probate Wizard you agree to be bound by these terms and conditions in full.
7. It is important that you read and understand these terms and conditions before you start to use our Website or The Probate Wizard. You may wish to print and keep a copy for your reference.
8. Use of our Website or The Probate Wizard does not create a professional or business relationship between you and us.
9. You must be at least 18 years of age to use our Website or The Probate Wizard. By using our website and/or The Probate Wizard you confirm that you are at least 18 years of age.
10. By accepting these terms and conditions you also accept the terms of:
    a. our privacy policy, which relates to the capture and use of personal data and our use of cookies and which forms part of these terms and conditions. It is available at www.thelawwizard.com/about/privacy-policy.html; and
    b. our copyright notice, which contains your license to republish the information on our Website and which forms part of these terms and conditions. It is available at www.thelawwizard.com/about/copyright-notice.html

England and Wales only

11. All content, forms and other documents relate to the laws of England and Wales.
12. We are unable to assist you if you would like the probate process to be governed by the law of another country or if you would like to take account of religious laws.

Us, our content and legal advice

13. We are not a law firm and we are not regulated by the Solicitors Regulation Authority. However, like all law firms, we have professional indemnity insurance cover.
14. We are not legal advice service and we cannot provide legal advice.
15. Legal guides, videos and other content on our Website and within The Probate Wizard (“our Content”) is for general information only. Our Content is not a replacement for legal advice and should not be construed as legal advice on any matter. We make no warranties, representations or undertakings about any of our Content, including the quality, accuracy, completeness or fitness for any particular purpose of such content.
16. While we try to ensure that our Content is accurate and up-to-date, it may not reflect current legal developments. Our Content and interpretation of the law addressed in our Content is subject to revision.
17. We disclaim all liability in respect of actions taken or not taken based on any or all our Content to the fullest extent permitted by law.
18. We do not endorse or approve the content of any third party website, nor will we have any liability in connection with any of them.
19. Some of the content on our Website is written by third parties (for example, guest posts on our blog and comments on guides and blog entries). The views expressed in such content are those of the author and do not necessarily mirror our views.
20. If you require legal advice we suggest that you contact a solicitor or other professional legal advisor. For help finding legal advice, see www.thelawwizard.com/about/where-can-i-find-legal-advice.html

Use of The Probate Wizard

21. The Probate Wizard is a framework which helps you manage the probate process. 
22. To use The Probate Wizard you must first register. You may then begin a probate task. Only one probate task is permitted for each estate (each deceased person). You may not attempt to administer an estate if you believe someone else is administering the same estate, whether or not the other person is using The Probate Wizard.
23. You may not use The Probate Wizard if:
    a. The deceased died before 6 April 2010;
    b. The deceased’s permanent home at death was not in England or Wales;
    c. The will, entitlement under intestacy or the estate is disputed, or a dispute is likely;
    d. There is a likelihood of a claim under the Inheritance (Provision for Family and Dependents) Act 1975;
    e. There is any other dispute or likely dispute which may directly or indirectly affect the administration of the estate;
    f. The estate is insolvent (the deceased died bankrupt) or you have reason to believe this may be the case; or
    g. There is a surviving spouse or civil partner and he or she is not permanently resident in the UK.
24. The Probate Wizard is not a replacement for expert legal advice (see above). If legal advice is required, and the issue may affect the probate process, you should refrain from using The Probate Wizard until legal advice has been obtained and the issue has been resolved.
25. The Probate Wizard is not suitable for all estates and it is not a comprehensive solution. We cannot accept responsibility for the appropriateness or relevancy of The Probate Wizard for the estate you wish to administer.
26. By starting a new probate task using The Probate Wizard and by accepting these terms and conditions you confirm that The Probate Wizard is suitable for the estate you wish to administer, and you understand that, notwithstanding successful use of The Probate Wizard, legal advice may be required in other matters. 
27. For a list of tasks for which The Probate Wizard is unsuitable, see www.thelawwizard.com/probate/who-is-it-for/when-is-the-wizard-unsuitable.html
28. To use The Probate Wizard you must be authorised to administer the deceased person’s estate. By starting a new probate task and by accepting these terms and conditions you confirm:
    a. You are an executor named in the deceased’s will. If there are other executors you are using The Probate Wizard with their consent; or
    b. If there a will but no executor named in the will is willing or able to act, you are a residuary beneficiary named in the deceased’s will legally entitled to administer the estate as an administrator; or
    c. You are an administrator entitled to act under intestacy. If there are other administrators you are using The Probate Wizard with their consent; or
    d. You are an agent, advisor, friend, relative or some other person. In this case:
    i. You are using The Probate Wizard on behalf of the executor(s) or administrator(s). You have express verbal or written authority from all the executors or administrators to use The Probate Wizard;
    ii. The executor(s) or administrator(s) are ultimately responsible for the probate process, and they – not you – will sign the forms and make the application for grant of representation. You and the executor(s)/administrator(s) are fully aware that this is the case; and
    iii. The executor(s) or administrator(s), and the deceased’s surviving spouse or civil partner, are aware that you must provide details about them, including their name, contact details and date of birth, in order for The Probate Wizard to compile the forms required to apply for a grant of representation. All data provided by you is covered by our Privacy Policy, available at www.thelawwizard.com/about/privacy-policy.
29. You may not use The Probate Wizard if you are acting under a power of attorney for an administrator or executor.

Information provided by you as a user of The Probate Wizard

30. It is your responsibility to ensure that the information you provide is accurate and correct. Neither we nor a legal professional will check the information you provide.
31. We cannot accept responsibility if the data, letters, forms or probate reports is/are inaccurate as a result of an error on your part.
32. Once payment is made you cannot alter any of the information you have provided. If you notice an error or omission after payment has been made, you may be required to pay again. If you notice a mistake, please contact us as soon as possible.

Cancellations and distance selling waiver

33. Before payment is made, you may stop using The Probate Wizard at any time. You are not obliged to continue and you will not be charged a cancellation fee.
34. Once payment is made, The Probate Wizard will automatically generate and deliver forms (after review by our team) and/or the probate reports. Our standard timescales mean that these documents will be available to you electronically within the 7 day cancellation period after purchase which is usually available to you as a consumer. In order to be able to provide these documents, we ask that you waive your right to cancel your order. If you do not do so we will be unable to provide you with these documents within our normal timescale. To waive your right to cancel, please tick the appropriate box at the checkout section of The Probate Wizard.

Packages, prices and VAT

35. Our prices are displayed at www.thelawwizard.com/probate/pricing. At present, VAT is not chargeable on our prices.
36. Between the time of starting a new probate task and the time at which payment is required, our prices may increase or decrease, and VAT may become chargeable (which may lead to an increase in the price paid by you). The price you pay is the price applicable at the time at which you make payment, not the price shown on our Website before you started the probate task or at any other time.
37. Our payment packages are described at www.thelawwizard.com/probate/pricing. The availability of each package depends on the value of the estate and information provided by you. The Grant of Probate package may not be available to you for legal and/or tax reasons.
38. Our prices do not include standard probate application costs. Typically these are £105 for the application to the Probate Service, plus £1 for each copy grant. For a list of costs, see www.thelawwizard.com/probate/pricing/probate-application-costs.html
39. You may also incur legal professional fees, for example if the Grant of Probate package is not available to you or if you have to obtain legal advice for some other reason.
40. We accept payment by debit card or credit card via our website. We do not accept cheques, bank transfers, cash or any other form of payment.

Forms and review

41. If you have selected the Grant of Probate package, The Probate Wizard will compile and generate forms IHT205, PA1 and IHT217 (as applicable).
42. The forms are compiled based on the information you have provided. Neither we nor a legal professional checks the forms or data for accuracy, completeness or legality. We cannot accept responsibility if the forms are inaccurate as a result of an error or omission on your part.
43. Our team will review the forms for omissions, spelling mistakes, capitalisation and other common mistakes. The review is not a legal review and does not constitute legal advice. The review may be undertaken by someone with no prior legal experience or legal qualifications.
44. We aim to complete all reviews within 48 hours, not including weekends or public holidays. In the unlikely event that this may not be possible, we will contact you and advise as to an estimated timescale.
45. Once our review is completed we will contact you by e-mail with any queries we may have. If we make any changes to the forms, we will tell you.

Application for grant

46. The Wizard contains guidance as to who should sign the forms and how, and how to apply for a grant of representation. It is your responsibility to read this guidance carefully and to ensure the forms are signed correctly and that the application is made correctly. Failure to do so may result in the forms being invalid, a failed application for grant and/or delays in the administration of the estate. We cannot be responsible for extra costs or delays incurred as a result of incorrect data or a failure to follow instructions.

Probate Reports

47. If you have selected the Probate Reports option you will be able to download and print the reports shortly after payment has been processed. All reports are included in the price of the Grant of Probate package.
48. The reports are compiled based on the information you have provided. Neither we nor a legal professional checks the reports or data for accuracy, completeness or legality. We cannot accept responsibility if the reports are inaccurate as a result of an error or omission on your part.
49. The reports contain a set of basic estate accounts. These are not a replacement for standard estate accounts as they contain date-of-death values (not date-of-distribution) and do not offer a full account of income received during the administration or the manor of distribution of the estate to the beneficiaries.

Delivery

50. Forms, letters and the probate reports are delivered to you electronically in PDF format for download. You will need Adobe Reader (free software) in order to view PDF documents. You can download Adobe Reader from http://get.adobe.com/reader.
51. All forms and letters must be printed and signed. You will need access to a printer.
52. We do not provide physical delivery of documents.

Refunds

53. We will refund 100% of the payment you made to us if a flaw or limitation in The Probate Wizard has resulted in incorrect data being produced in a form or in the probate reports and, as a result, the administration of the estate has suffered material delay, so long as you are not in breach of these terms and conditions. We will issue the refund within 5 working days.
54. We are under no obligation to provide a refund for any other reason, for example because you have entered data incorrectly, you have entered inaccurate data, you have misinterpreted our instructions or you have used The Probate Wizard incorrectly in some other way. However, we do want to hear from you if problems arise and we will try to help.

Time limits and inheritance tax

55. The Probate Wizard can be used if the estate is or may be subject to inheritance tax (though if inheritance tax is due the Grant of Probate option will not be available, see above).
56. If the estate is subject to inheritance tax, or if you believe this may be the case, you must:
    a. not begin a new probate task if 3 months or more have passed since the date of death; and
    b. recognise that, in accordance with inheritance tax legislation:
    i. interest may be payable to HM Revenue & Customs if inheritance tax is due but not paid six months from the end of the month in which the person died (for further details, see http://www.hmrc.gov.uk/inheritancetax/paying-iht/how-interest-charged.htm);
    ii. inheritance tax must be paid within 12 months of the date of death; and
    iii. if an IHT205 is submitted and it later transpires that the estate is taxable, you must tell HM Revenue & Customs within 6 months of the failure coming to your notice;
57. In all cases, you should act in a timely fashion and complete the probate process within two years of the date of death.
58. If you have chosen the Grant of Probate option, you should apply for the grant as soon as possible after the forms are available to print and sign, and in any event within four weeks.

Delays and changes in law

59. Changes in probate and inheritance tax legislation may mean we have to make changes to The Probate Wizard, including the forms generated by The Probate Wizard. Failing to administer the estate in a timely fashion may mean that forms or data become redundant as a result of changes in probate or tax laws.
60. We are not obliged to inform or remind you of changes to, or your obligations under, tax (or other) law, though 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 the fact that we did not contact you and/or as a result of your failure to act or as a result of not acting in a timely fashion (including any failure to pay inheritance tax within the appropriate timescales, described above).

Our obligations to third parties

61. Our Website and The Probate Wizard are provided solely for your benefit and The Probate Wizard is intended for use by you alone. You may not register on another person’s behalf, though this does not affect your right to use The Probate Wizard on behalf of the executors or administrators, as described above.
62. We assume no liability to anyone else, including (but not limited to) the executors or administrators, the surviving spouse or civil partner, the beneficiaries, the estate’s creditors, The Probate Service or HM Revenue & Customs.
63. 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 use of our Website or The Probate Wizard.
64. We assume no responsibility or liability for advice given by you to third parties on the basis of content on our Website or The Probate Wizard.
65. No one except you and us shall have any right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these terms and conditions, but this does not affect any right or remedy of a third party which exists or is available other than under that Act.

Up-time, deletion of accounts and cancellation

66. We aim to achieve an up-time of 99.99% (that is, we aim for our Website and The Probate Wizard to be available 99.99% of the time). However, we shall not be liable for any failure to provide, or delay in providing, our Website or The Probate Wizard for any reason, for example due power failure, fire, explosions, lightening strike, breakdown of systems, network access failure, strikes and other industrial disputes.
67. If you have not performed any action for a period of 6 months, we reserve the right to cancel and delete the probate task, including the removal of all data, without notice or explanation.

Data and document storage

68. Once you have completed a probate task, we will store (i) the information you have provided, (ii) unsigned versions of forms IHT205, PA1 and IHT217 (as applicable) and (iii) the probate reports for a period of at least 6 months. You can access the forms and probate reports by logging in and visiting your dashboard.
69. We reserve the right to delete permanently all the information you have provided and all associated forms and reports after 6 months have elapsed since completion of The Probate Wizard.
70. You are responsible for the safekeeping of all documents, including probate reports, signed forms (before submission to the Probate Service), the grant of representation, the will, the death certificate and any other documents. These are important documents which may be relied upon in the future. We strongly advise you to print and store all probate reports.
71. We cannot provide physical storage of documents.

Limitations of liability

72. Nothing in these terms and conditions is intended to:
    a. limit or exclude our or your liability for personal injury or death resulting from negligence;
    b. limit or exclude our or your liability for fraud or fraudulent misrepresentation;
    c. limit any of our or your liabilities in any way that is not permitted under applicable law; or
    d. exclude any of our or your liabilities that may not be excluded under applicable law.

Breaches of these terms and conditions

73. If you breach these terms and conditions we may take such action as we deem appropriate, for example by suspending and/or prohibiting access to our Website or The Probate Wizard, cancelling your account, deleting any active probate tasks including all information you have provided and/or bringing court proceedings against you. We can do so without prejudice to our other rights under these terms and conditions.

Variation and severability of these terms and conditions

74. We may, from time-to-time, revise and vary these terms and conditions. Revised terms and conditions will apply to the use of our Website and The Probate Wizard from the date of the publication of the revised terms and conditions on our website. Please check this page regularly to ensure you are familiar with the current version.
75. If any provision of these terms and conditions (and/or notices on our Website) is found to be invalid or unenforceable, such provision will be deemed to be replaced by a valid and enforceable provision that most closely matches the intent of the original provision, and the remainder of the original provision (if any part remains valid) and the remainder of these terms and conditions shall continue in full force and effect.

Assignment

76. We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
77. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Jurisdiction

78. These terms and conditions will be governed by and construed in accordance with the law of England and Wales.
79. Any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of England and Wales.

Enquiries, feedback and complaints

80. We are trying constantly to improve our systems and we want to offer the best possible solutions. For these reasons, we are always glad to hear your suggestions, comments and feedback, at any time, whether positive or negative.
81. If there is part of our service with which you are dissatisfied, and we have been unable to resolve it to your satisfaction, you can make a formal complaint to Tom Hiskey, who will do his best to resolve the problem.
82. If you have any enquiries or complaints, please contact us and we will respond as soon as possible. You can contact us via www.thelawwizard.com/about/contact, by e-mailing info@thelawwizard.com, or by writing to us at our registered address (at the top of this page).