Will Reviews & Replacement Wills Service Terms

1. Scope of the service

Depending on your agreed instruction, our service may include:

• reviewing an existing will supplied by you;
• discussing whether it still reflects your wishes and circumstances;
• identifying areas which may require amendment or replacement;
• explaining whether a new will may be preferable to altering an existing document;
• preparing a replacement will and supplying a draft for your review;
• making reasonable amendments to reflect agreed instructions;
• supplying the final replacement will; and
• providing signing and witnessing instructions.

The precise scope and price are confirmed in writing before work begins. A review does not automatically include preparation of a replacement will. Any further work must be agreed separately if it is not already included.

The General Terms & Conditions and Will Writing Service Terms also apply. These terms add provisions specific to reviews and replacement wills rather than repeating those documents.

2. What a will review is

A will review considers whether the supplied will appears to remain appropriate in light of the information and current instructions you provide. It may consider:

• whether named executors remain suitable;
• whether beneficiaries remain appropriate;
• whether gifts still reflect your wishes;
• whether guardianship provisions remain relevant;
• whether family circumstances have changed;
• whether asset ownership has materially changed;
• whether trust provisions need reconsideration; and
• whether a replacement will appears advisable.

The standard review is not a forensic legal audit or a certification of historic validity. A wider specialist review would require separate agreement and appropriate specialist advice.

3. Existing will must be provided

For a review of an existing will, please provide:

• a complete copy of your current will;
• any codicils;
• any later testamentary documents;
• relevant correspondence or supporting documents, where available; and
• information about changes in circumstances.

If the original or a complete copy is unavailable, this may limit what we can safely conclude. We will explain material limitations and whether further documents or specialist advice are needed.

We rely on the documents and information supplied. We are not responsible for provisions or documents which were not provided or disclosed insofar as that omission prevents us from considering them. This does not excuse a failure to exercise reasonable care and skill with the material supplied.

4. Wills prepared by another provider

We may review a will prepared by a solicitor, another will writer, an online provider, you or another third party. Reviewing it does not automatically certify:

• that it was originally validly executed;
• that the person making it had testamentary capacity at the time;
• that there was no undue influence;
• that the document was properly stored;
• that no later will or codicil exists; or
• that every clause was legally or tax-efficiently drafted.

Unless a specialist review has been expressly agreed, our service focuses on the supplied document and your current instructions. It does not adopt or guarantee another provider's work.

5. Validity of the existing will

We may identify obvious concerns apparent from the document or the information you provide. Unless specifically agreed as an appropriate specialist service, the standard review does not give a formal opinion on:

• historic execution;
• testamentary capacity at the time of signing;
• undue influence;
• fraud;
• authenticity;
• revocation;
• construction disputes; or
• contentious probate issues.

Specialist legal advice may be recommended where these issues arise. Do not treat a review as confirmation that an earlier will is valid or that no later document exists.

6. Client's current circumstances

Tell us about material changes since the existing will was prepared, including, where relevant:

• marriage, civil partnership or plans for either;
• divorce, dissolution or separation;
• birth or adoption of children, or stepchildren;
• deaths of beneficiaries;
• death or incapacity of executors;
• new dependants;
• significant new assets;
• property acquisitions or disposals;
• business interests;
• foreign assets;
• changes in tax residence;
• changes in family relationships or your wishes; and
• trusts or lifetime gifts.

We rely on the information supplied. Tell us promptly if it changes during the instruction or if you discover that information already supplied is incomplete or incorrect.

7. Marriage, civil partnership, divorce and dissolution

Changes in marital or civil partnership status can affect a will, but their consequences depend on the law, the wording and your particular circumstances. Do not assume that every status change has the same effect or that your earlier arrangements remain suitable.

If you have recently married, entered a civil partnership, divorced, dissolved a civil partnership, are planning marriage or civil partnership, or are in ongoing proceedings, tell us. We may need to discuss the effect on the existing will and whether a replacement is appropriate.

Specialist advice may be recommended where circumstances are complicated. Our standard review does not include family-law advice or advice on ongoing proceedings.

8. When a new will may be preferable

A replacement will may be preferable where:

• substantial changes are needed;
• beneficiaries or executors have changed;
• family circumstances have changed;
• multiple amendments would otherwise be required;
• the existing will is unclear or difficult to administer;
• provisions have become obsolete; or
• you want materially different arrangements.

We do not promise that every existing will can or should be retained. We will discuss the proposed approach and agree any replacement-will work and price before proceeding.

9. Informal changes to an existing will

Informal alterations may have no legal effect, create uncertainty, damage the document, lead to disputes or affect its interpretation. Do not assume that crossing out or writing beside a provision changes your will.

If you wish to change your will, obtain a properly prepared replacement will or another legally effective amendment with appropriate advice.

10. Codicils

Where appropriate, we may discuss whether a codicil is suitable. A codicil is not always the best solution; multiple codicils can create complexity, and a replacement will may be clearer and safer.

Standalone codicils are not automatically included or offered as part of this standard service. Our normal approach may be to recommend a replacement will instead. Any separately proposed amendment requires an appropriate agreed scope and proper execution; do not use a codicil casually or informally.

11. Old will remains in effect until replaced

Until a replacement is properly executed, an existing valid will may continue to operate. If no valid will exists, you may remain intestate. The position also depends on any other legally effective revocation or change.

Merely instructing us to prepare a new will does not change your legal position. Do not rely on a draft or unsigned replacement as your operative will.

12. Revocation of earlier wills

A properly drafted replacement will will normally contain wording intended to revoke earlier wills and testamentary dispositions, where appropriate. Its effect depends on the law and the wording used.

Tell us if you have a foreign will, arrangements in more than one jurisdiction, overseas assets or specialist succession arrangements. Additional advice may be needed before broad revocation wording is included.

We do not give a blanket assurance that all earlier documents should be revoked. Foreign wills and specialist arrangements require appropriate consideration.

13. Foreign wills

A replacement will prepared in England and Wales may interact with foreign wills, overseas assets or foreign succession arrangements. Provide details of any such documents and assets before drafting begins.

We do not advise on foreign law within the standard service. Specialist foreign-law advice may be necessary to coordinate the arrangements and avoid unintended revocation or conflicting provisions.

We do not automatically revoke foreign wills without appropriate consideration.

14. Jointly owned assets

Changes in asset ownership may affect whether your existing will still produces the intended result. Some jointly owned assets may pass outside the will, depending on the form of ownership and relevant arrangements.

Conveyancing advice is not included in the review service. Where ownership is unclear or needs changing, obtain appropriate specialist legal or conveyancing advice. Reviewing or replacing a will does not itself change asset ownership.

15. Pensions, life policies and nominations

Some assets or benefits may be governed by nominations, scheme rules, trust arrangements or joint ownership rather than the will itself.

A will review does not automatically review all pension nominations, life policies or trust arrangements unless expressly agreed within an appropriate scope. You may need to review these separately and obtain relevant specialist advice.

16. Executors

A review may consider whether existing executors remain alive, willing, suitable and contactable, and whether their appointment still reflects your wishes.

If replacement executors are needed, you must decide whom you wish to appoint. Consider their willingness and ability to act and provide accurate details.

Clear Will Writing does not automatically act as executor. A professional executor appointment is not included or created by this standard service.

17. Beneficiaries

Consider whether:

• named beneficiaries are still living;
• relationships have changed;
• gifts remain appropriate;
• new dependants need to be considered;
• charitable gifts remain desired; and
• substitute beneficiaries are appropriate.

You decide whom you wish to benefit. We do not choose your beneficiaries for you. Tell us about circumstances which may affect the proposed arrangements or require specialist advice.

18. Children and guardians

Where relevant, the review may consider whether guardianship provisions are still required, whether a named guardian remains appropriate, whether children have been born or adopted, and whether family circumstances have changed.

Discuss proposed appointments with the people concerned where appropriate. A guardianship provision does not guarantee every outcome; its effect depends on the law and circumstances, including parental responsibility and any relevant court decision.

19. Testamentary trusts

An existing will may contain trust provisions which need reconsideration. A review may identify whether:

• the trust still reflects your intentions;
• beneficiaries have changed;
• age conditions remain appropriate;
• trustees remain appropriate; and
• family circumstances have changed.

Specialist tax advice and trust administration are not included in the standard review. Appropriate specialist advice may be recommended; any additional service would require separate agreement.

20. Tax

The standard will-review service does not include:

• inheritance tax calculations;
• capital gains tax advice;
• income tax advice;
• tax planning; or
• tax avoidance advice.

If your circumstances suggest that tax advice may be appropriate, we may recommend specialist advice. A review or replacement will does not guarantee tax savings or a particular tax result.

21. Potential claims against the estate

A review may identify circumstances where you are excluding a close family member, materially changing previous arrangements, reducing provision for a dependant or making an unusual disposition.

Making a replacement will does not guarantee that no claim will later be brought against your estate. Where foreseeable dispute risk exists, specialist legal advice may be recommended.

Contentious probate advice, dispute resolution and representation in proceedings are not included in the standard review service.

22. Draft replacement will

A replacement will supplied in draft form is not effective until properly executed. Review the draft carefully, including:

• names;
• executors;
• beneficiaries;
• guardians;
• gifts;
• trust provisions;
• revocation wording; and
• your other instructions.

Raise uncertainties, errors or changes before approval. Do not sign a draft or assume that receiving it changes your existing will.

23. Client approval

Before finalisation, you will normally be asked to confirm that the replacement will reflects your instructions. Reasonable amendments within the agreed scope are dealt with under the Will Writing Service Terms.

Approval does not waive statutory rights, remove our duty to exercise reasonable care and skill, or transfer responsibility for drafting errors caused by us to you.

Approval does not make us responsible for information withheld by you where that prevents proper consideration of the issue. This qualification does not excuse our own drafting errors or restrict statutory remedies.

24. Signing and execution

We will provide execution instructions. Follow them carefully and contact us before signing if you have any doubt or if different signing arrangements may be needed.

Correct execution is necessary for the replacement will to take effect. Receipt or approval of the final document is not a substitute for signing and witnessing.

25. Effect of executing the replacement will

Once properly executed, the replacement will will normally become your operative will, subject to applicable law and the particular wording used. Where broad revocation wording is included, earlier wills may cease to have effect.

Do not assume this applies absolutely to every foreign will or specialist arrangement. The intended interaction with other documents must be considered appropriately before execution.

26. Destruction of the old will

Where appropriate, guidance may then be given about superseded documents. There is no blanket instruction to destroy all old wills: foreign wills, specialist arrangements and evidential considerations may require a different approach.

If you are unsure what to retain or how documents interact, obtain appropriate advice before destroying or disposing of them.

27. Storage

You are responsible for safely storing the signed original will unless separate written storage arrangements have been agreed.

Unless separate written storage arrangements are agreed, you remain responsible for storing the signed replacement will safely. We do not automatically retain its signed original.

We may retain copies and service records in accordance with the Privacy Policy. Retaining a copy is not an agreement to store or monitor the signed original.

28. Changes after the replacement will

Circumstances may change again after execution. Review your will periodically and after important life events.

Unless an ongoing service has been separately agreed, we have no continuing duty to monitor marriage, divorce, births, deaths, asset changes, tax changes, relationship changes or legal changes, or to update your will automatically.

Any future review or replacement is a new instruction unless expressly included in a separate agreed arrangement.

29. Cancellation

The General Terms & Conditions and Cancellation Information apply to distance and off-premises contracts, immediate commencement, cancellation during the statutory period, proportionate charges and loss of the statutory cooling-off right following full performance.

Our normal process is to begin the agreed work once instructions and agreed payment have been received and the engagement has been confirmed. Before starting during your applicable cancellation period, we obtain your separate express early-start request and advance full-performance acknowledgement. Neither is pre-ticked.

Starting work alone does not end cancellation rights or make payments automatically non-refundable. If you requested an early start and cancel before full performance, a lawful, reasonable and proportionate charge may be due for services actually supplied compared with the agreed service as a whole. Any refund due is dealt with under the General Terms and applicable law.

For a review and replacement-will instruction, full performance normally occurs when the existing will has been reviewed to the agreed scope, the agreed replacement will has been prepared and supplied in final form, signing and witnessing instructions have been supplied, and all other agreed work has been completed.

For a review-only instruction, full performance normally occurs when the agreed review has been completed, the agreed findings or recommendations have been provided, and all other agreed work has been completed. A review does not itself amend or replace the existing will.

Supplying a draft alone is not full performance of a review-and-replacement service. Signing the final replacement will is not required for completion of our agreed drafting work, but correct execution is necessary for the will to take effect.

Where the required express request and advance acknowledgement have been given and all applicable legal requirements are met, the statutory cooling-off right ends on full performance. You cannot then cancel the completed service under that right simply because you later change your mind.

This does not affect remedies for faulty services, failure to exercise reasonable care and skill, non-conformity with the agreed contract, or any other applicable statutory right.

30. Review-only service

If you instruct us to review without preparing a replacement, your existing will remains in place unless changed or revoked in accordance with law. The review itself does not amend it.

Recommendations do not take effect automatically. You must decide whether to proceed with further work and agree any new scope and price before it begins.

Do not assume the will has been updated, confirmed historically valid or replaced merely because it has been reviewed.

31. Completion

The service is normally complete when the agreed scope has been fulfilled.

For review-and-replacement instructions, this normally means completing the agreed review, supplying the final replacement will and execution instructions, and completing all other agreed work.

For review-only instructions, this normally means completing the review, providing the agreed findings or recommendations, and completing all other agreed work.

Completion of our service is not execution of a replacement will. Merely labelling work complete does not override the cancellation conditions in section 29 or the General Terms.

32. Relationship with other terms

These Will Reviews & Replacement Wills Service Terms must be read together with the General Terms & Conditions and Will Writing Service Terms.

These terms add provisions specific to reviews and replacement wills. If there is an inconsistency relating specifically to those services, these terms take precedence.

The General Terms cover matters including payment, consumer rights, complaints, liability and governing law. Nothing in these service terms affects your statutory rights.