Terms of Business of DJC Wills and Probate

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1. Dale James Chant Elsdon is the Proprietor of DJC Wills and Probate. In these Terms of Business references to “the Client” are to whoever has instructed the company.

2. Throughout the case if there is anything that concerns the Client or anything else the Client would like to discuss, the Client should not hesitate to contact DJC Wills and Probate.

3. The correspondence address for DJC Wills and Probate is 63 Yarmouth Road, North Walsham, Norwich NR28 9AU.

The e-mail address is info@djc-wills-probate.co.uk 

4. The Client is to provide payment for disbursements on request. Disbursements are the items which DJC Wills and Probate pays on behalf of a Client. Disbursements may include administration expenses such as photocopying postages and telephone. Photocopying and printing charges are 50 pence a sheet for black and white copies and £1 a sheet for colour copies and are subject to VAT.

5. Before any work may be done the Client must comply with the requirements as to proof of identity in accordance with the then current Money Laundering Regulations. 

6. Papers relating to the case in the possession of DJC Wills and Probate if not requested by the Client within 28 days of completion of the work may be disposed of by DJC Wills and Probate at its discretion.

7. DJC Wills and Probate places itself under a professional and legal obligation to keep the affairs of Clients confidential. This obligation, however, is subject to an exception: in the event of potential or apparent money laundering and terrorist financing DJC Wills and Probate places itself under a legal duty in certain circumstances to disclose information to the Serious Organised Crime Agency. Where DJC Wills and Probate knows or suspects that a transaction on behalf of a Client involves money laundering, it may be required to make a money laundering disclosure. If this happens, DJC Wills and Probate may not be able to inform the Client that a disclosure has been made or of the reasons for it because the law prohibits “tipping-off.”

8. A Client who wishes to pay for anything in cash must first obtain consent from DJC Wills and Probate. All payments are at the the discretion of DJC Wills and Probate.

9. The responsibilities of the Client include (but are not limited to) (a) to give prompt and proper instructions and (b) not to destroy lose or otherwise part with possession of documents and (c) not to destroy lose or otherwise part with possession of any form of evidence and (d) to provide DJC Wills and Probate with full details to enable it to contact the Client at all times and in emergency.

10. Sometimes probate work involves investments. DJC Wills and Probate is not authorised by the Financial Services Authority and so may refer the Client to someone who is authorised to provide any necessary advice. However, DJC Wills and Probate can provide certain limited services in relation to investments, provided they are closely linked with the legal services DJC Wills and Probate is providing to the Client. 

11. If the Client has any problem with the service DJC Wills and Probate has provided for the Client then the Client will please let it know. DJC Wills and Probate will try to resolve any problem quickly and internally.

12. DJC Wills and Probate does not give tax advice but can obtain tax advice for the Client subject to an additional charge.

13. In all cases accounts are rendered monthly or on completion of the work or at the discretion of DJC Wills and Probate. Subject to the contents of the Fees section of the website www.djc-wills-probate.co.uk fees and disbursements are payable within 28 days of the date of the account.

14. In all cases funds held by DJC Wills and Probate may be utilised for payment of Costs as appropriate.

15. There are circumstances where DJC Wills and Probate may be entitled to exercise a lien for unpaid costs. For example where fees are unpaid and it holds property for a Client it may retain that property pending payment of the fees.

16. If there is more than one Client jointly instructing DJC Wills and Probate both or all will be jointly and individually responsible for all of its Costs VAT and disbursements.

17. If there is more than one Client jointly instructing DJC Wills and Probate and the Clients subsequently disagree DJC Wills and Probate may not be able to act for both or all if there is a conflict of interest.

18. If DJC Wills and Probate is instructed to act for a limited or other company the person giving or transmitting the instructions to DJC Wills and Probate on behalf of the company is liable for all of its Costs VAT and disbursements if the company does not pay them. Identical provisions apply to partnerships, unincorporated companies, clubs, associations and organisations mutatis mutandis.

19. DJC Wills and Probate is not to pay Client’s disbursements until receipt of cleared funds from the Client equal to the amount of such disbursements.

20. If all or part of the bill remains unpaid DJC Wills and Probate may be entitled to charge interest. In addition DJC Wills and Probate reserves the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998 if a commercial Client fails to pay any sum due within the time agreed.

21. Interest on late payments shall accrue from day to day and shall be charged at 4% above the base rate from time to time of Barclays Bank Plc.

22. DJC Wills and Probate is insured for professional indemnity against claims for negligence subject to the limit per claim under the policy. Unless legally obliged DJC Wills and Probate does not accept liability for negligence above the extent covered by the professional indemnity insurance. A copy of the professional indemnity insurance certificate is available to the Client upon written request.

23. If the Client is a consumer the Client may under the Consumer Contracts Regulations be able to cancel the agreement by notifying DJC Wills and Probate in writing within 7 days of accepting these terms. Therefore for DJC Wills and Probate to commence work immediately the Client must notify it in writing that it is to commence work immediately. The thirty day “performance period” under the Consumer Contracts Regulations does not apply. DJC Wills and Probate will attend to matters as quickly as reasonable but the amount of time required cannot be predicted. By agreeing these Terms of Business the Client authorises DJC Wills and Probate  to commence work immediately. 

24. By these terms it is agreed that DJC Wills and Probate is not required to open a deposit account or pay interest; this is in return for DJC Wills and Probate charging fees at the level mentioned. In the event that interest is primarily payable by DJC Wills and Probate it is agreed that no interest is payable on money held for a Client where DJC Wills and Probate has offered a discount or other reduction in its fees.

25. It is a fundamental term and condition of the engagement (subject to any relevant statutory provision limiting the ability to do so) that a Client will not bring any claim in respect of any damage against DJC Wills and Probate or any director agent or employee of it nor any limited company or director agent or employee of any limited company that is a successor to it.

26. In an effort to ensure that service levels are constantly improved DJC Wills and Probate may record or monitor telephone conversations for training and research purposes.

27. Non-payment of fees within 28 days of submission of a bill entitles DJC Wills and Probate to terminate the agreement with the Client with immediate effect.

28. The Client confirms that he or she is capable of adding together the totals of the bills rendered monthly and that the grand total of the bills rendered monthly will show the total Costs incurred to the date of the last bill rendered.

29. If a case does not proceed or in the event that there is work outside the scope of a normal case additional fees for such work are payable pro rata the stated hourly charging rate with the minimum fee for each category of additional work being 1 hour  at the hourly rate plus VAT and disbursements.

30. The minimum fee for each probate case is £1,000 plus VAT and disbursements.

31. Examples of events that are outside the scope of a normal case include telegraphic transfers, 
where a Client or the work involved requires DJC Wills and Probate to give or receive information to or from a Client’s relative, partner, friend, Attorney or any other third party, additional work caused by others DJC Wills and Probate deal with including a Client who is unco-operative or will not provide information requested or causes delay or will not answer enquiries in a helpful manner or who are otherwise unreasonable or who make unusual requirements or who cause or require perusals preparation attendances telephone calls letters or e-mails excessive in frequency or duration or who conduct themselves unreasonably or who otherwise do not act in a way whereby DJC Wills and Probate may complete the case for the Client in a manner to be expected in a standard case.

32. For any occasion where funds are required to be sent to an account by telegraphic transfer the fees by DJC Wills and Probate shall be a minimum of 9 minutes at the hourly rate plus VAT and disbursements and in addition to the telegraphic transfer charges made by the bank.

33. In matters relating to Wills:-

(a) The fees on the website www.djc-wills-probate.co.uk are for standard preparation of a Will. For work on matters not within the scope of standard Will preparation such as changes in instructions, alteration in instructions requiring a fresh Will to be prepared, estate planning, joint ownership of property, foreign property, changes in family status, provision for dependants and the implications of any business owned by the testator, additional fees for such work are payable pro rata the stated hourly charging rate with the minimum fee for each category of additional work being 1 hour  at the hourly rate plus VAT and disbursements.

(b) Clients may use either a professional or lay person when appointing an Executor. If a lay person is appointed he or she may engage the services of a professional to assist with the administration of the estate on the death of the Client. Appointment of DJC Wills and Probate as Executor is not compulsory. An Executor can be either a professional, or lay person(s) such as a family member or beneficiary who has the option of engaging a professional to assist him or her in the administration of the estate.

(c) If DJC Wills and Probate is an Executor of the Client’s Will the Client confirms that it is not contrary to the Client’s best interests at the time of drafting the Will to make such an appointment.

(d) If the Client is considering naming DJC Wills and Probate as an Executor an indication of the likely costs of both carrying out the administration of the estate and acting as an Executor are the fees mentioned on the www.djc-wills-probate.co.uk. DJC Wills and Probate reserves the right to charge a percentage of the estate at its sole discretion relevant to circumstances prevailing at the appropriate time.

(e) The fees and charges are at the hourly rate whether for the work involved in administering the estate and/or for acting as an Executor and/or supervising others doing the necessary work. 

(f) With some Executorships there may be a continuing role for DJC Wills and Probate as Executor(s) to act as a Trustee. Any Trustee fees are at the hourly rate.

(g) The Client acknowledges that fees may change in the future.

(h) It is desirable that DJC Wills and Probate be appointed Executor for example:-
a. Matters will be dealt with professionally and efficiently and an Executor is a very important role.
b. There is certainty that the Clients wishes will be carried out. People who do not know legal requirements and the law may mean that the final result is not what the person making the Will wanted.
c. There is certainty in terms of there being someone to act as Executor should other people named in the Will as Executor die or otherwise be unable to act. In that case the personal representative may be someone the person making the Will does not know or does not like.
d. DJC Wills and Probate can resolve disputes that often arise as to Wills.
e. it may cause problems when drafting a Will if the person making the Will does not appoint DJC Wills and Probate as an Executor.
(i) Where the Client has instructed DJC Wills and Probate to prepare a Will it will be Executor and if the Client requires an additional Executor the Client must inform DJC Wills and Probate.

34. In matters relating to Probate and Administration:-

(a) The key stages are obtaining valuation of assets and details of debts, statutory advertisement for creditors, obtaining grant of Probate or Letters of Administration, getting in all assets and paying all debts, preparation of accounts and distribution of the net estate funds.

(b) a written request for fees shall constitute notice that if they are not paid within 28 days the agreement with the Client shall cease with immediate effect.

(c) DJC Wills and Probate is not obliged to carry out any work for the Client during any period where a written request for payment of fees has been made and the fees have not been paid.

(d) In the event that there is additional work causing the total amount of work on a case at the charging rate of £250 an hour to exceed 1% of the gross value of the estate for Inheritance Tax, the fees payable will be 1% of the gross value of the estate for Inheritance Tax (minimum fee £1,000) plus £250 an hour on the additional work.

35.  In all cases:-

(a) Fees are based on a charging rate of two hundred and fifty pounds an hour plus VAT (“the hourly rate”) unless a higher charging rate has been notified to the Client in which case the higher charging rate shall be the hourly rate. Letters written per page e-mails sent per 5 paragraphs and telephone calls not exceeding 6 minutes are charged at one tenth of the hourly rate and letters received per page and e-mails received per 5 paragraphs are charged at one twentieth of the hourly rate.

(b) The charging rate is reviewed in January and July of each year.

(c) Charges are calculated mainly by the time spent on the work done for the Client in correspondence, telephone calls, enquiries, travelling and waiting and meetings with Clients. In addition the urgency and complexity of a case must be taken into account as well as the value and importance to the Client.

(d) Fees for any file review are payable at the hourly rate.

(e) Fees mentioned on the Fees section of the website www.djc-wills-probate.co.uk are for standard transactions. DJC Wills and Probate does not give quotes or estimates. In the event that there is additional work then fees for such work are payable pro rata the stated hourly charging rate. It is not possible to give an indication of the total cost of additional work as it cannot be known in advance how much work will be necessary. The Client must remember and by agreeing these terms of business acknowledges that it is not possible to foresee future events and circumstances can develop that take a case outside the scope of a standard transaction with the result in Costs being more or much more than originally anticipated. The Client authorises DJC Wills and Probate to carry out all work necessary and incidental to achieving the Client’s objects which DJC Wills and Probate in its absolute discretion deems required. DJC Wills and Probate cannot reasonably be expected to know the level of awareness of each individual Client; therefore it is the sole responsibility of the Client to verify with DJC Wills and Probate whether any work being carried out is additional work beyond the scope of the original instructions.

(f) Office hours are from 9.00 to 1.00 and 2.00 to 5.00 Monday to Friday. For any appointments with Clients outside office hours for any reason there is an additional minimum fee for 12 minutes at the hourly rate plus VAT.

(g) A fee is payable by the Client to DJC Wills and Probate for storage of deeds, Wills and documents other than files. The fee is at the rate of 6 minutes at the hourly rate plus VAT and disbursements per annum. The fee is payable for each Will, each set of deeds and each other unrelated document held in storage. Storage fees are payable annually or upon the cessation of the storage. By agreeing these Terms of Business the Client instructs DJC Wills and Probate to store deeds, Wills and documents immediately on receipt by it or from the date they bear if prepared by DJC Wills and Probate and the Client agrees to pay the storage fees described herein from the date of such receipt or the date they bear.

(h) No matter may be completed and DJC Wills and Probate is not permitted to release any funds to the Client until all necessary documents properly signed and executed in all respects are in its possession.

(i) If a Client instructs DJC Wills and Probate to proceed contrary to information given by DJC Wills and Probate to the Client the Client indemnifies DJC Wills and Probate against any loss arising as a result.

(j) Costs saving
Fees are generally fixed fees and in probate and administration matters are a fixed percentage as stated in the website www.djc-wills-probate.co.uk but additional work is payable on the amount of time DJC Wills and Probate spends working on a case. To reduce that time and work and consequently to reduce Costs:-
a. Instead of asking for appointments (personal attendances) with DJC Wills and Probate the Client should enquire as to whether that part of the work can be achieved equally well by answering questionnaires or in a telephone discussion. Personal attendances are often not necessary.
b. The Client should not generally contact DJC Wills and Probate unless in response to a request from it. The best Clients and consequently the Clients who do not incur additional fees by their own conduct are those who trust DJC Wills and Probate to deal with the case in a professional manner at a speed that is reasonable in the circumstances and that DJC Wills and Probate will keep the Client informed as progress is made.
c. The Client should contact DJC Wills and Probate by e-mail or letter rather than by telephone, and by email or letter or telephone rather than in person. Any fees mentioned at the commencement of a matter are for standard cases and Clients who constantly telephone for updates or otherwise act unreasonably or cause work unnecessarily or have requirements not to be expected in a standard case can by so doing change a straightforward matter into a non-standard case.

(k) The Client instructs DJC Wills and Probate to carry out all work that in its absolute discretion it considers necessary to be carried out for the Client and the Client agrees to pay DJC Wills and Probate for all work carried out by it and indemnifies DJC Wills and Probate against any loss.

36. Equality and diversity:-

(a) It is the policy of DJC Wills and Probate not in any circumstances to discriminate against victimise or harass any person by reason of race or racial group (including colour, nationality and ethnic or national origins) or sex (including marital status, gender reassignment, pregnancy, maternity and paternity) or sexual orientation (including civil partnership status) or religion or belief or age or disability.

(b) DJC Wills and Probate have extensive experience of incidents of racial discrimination,  sex discrimination,  religious discrimination,  age discrimination and discrimination by reason of disability and therefore have empathy with all those who suffer or have suffered in this way.

37. Website and Internet:-

(a) The website www.djc-wills-probate.co.uk belongs to and is controlled by DJC Wills and Probate.

(b) Site usage is monitored and DJC Wills and Probate reserves the absolute right to prevent any person  company body or other organisation whatsoever from accessing the website or to refuse or terminate registration to the website or any part of the websites should these terms and conditions of use be breached. Any such user shall be notified and must not then attempt to use the website under any other name or through any other user.

(c) Prior to using the website, or any linked website,  or using any information provided DJC Wills and Probate in any way, all Clients must agree to be bound by these Terms and Conditions.

(d) It is the responsibility of Clients using the website to download and print a copy of these Terms and Conditions on acceptance thereof.

(e) In addition to the Agreement created by Clients accepting these Terms and Conditions Clients using the website agree to download print and sign a copy of these Terms and Conditions and send the signed copy to DJC Wills and Probate within one month of the commencement of the agreement.

(f) The Client acknowledges that internet communications are not secure and any information provided electronically is on that understanding and at the Client’s sole risk and the Client indemnifies DJC Wills and Probate against any loss arising therefrom.

(g) The information contained in the website  is given without responsibility on the part of DJC Wills and Probate or its employees. The information is believed to be correct but the  accuracy is not guaranteed and it does not obviate the need to make appropriate searches enquiries and inspections.

(h) DJC Wills and Probate makes no representation or warranty in respect of the accuracy of any information contained on the website and expressly disclaims any obligation to remedy any inaccurate information.

(i) DJC Wills and Probate shall have no liability or responsibility for any errors or omissions in the content of the website.

(j) Transmission of information over the internet may be subject to arbitrary delays beyond the control of DJC Wills and Probate which may delay the provision of its services or compliance with a Client’s requirements. The Client acknowledges that DJC Wills and Probate shall be not be liable to a Client or any other party for any losses arising from such delay.

(k) In no event will DJC Wills and Probate be liable for any consequential loss including but not limited to special incidental, direct or indirect damages resulting from delay or loss of use of its internet services. DJC Wills and Probate are not responsible for any damage to any computer, software, modem, telephone or other property resulting from  use of its services.

(l) DJC Wills and Probate will not be liable to a Client or any other party for any loss or damage, direct, indirect or consequential, arising from
a. any inaccuracy or incompleteness in, or delays, interruptions, errors or omissions in the delivery of the information supplied  through this internet site or 
b. any decision made or action taken by a Client or any other party in reliance upon the information.

(m) No-one using this website must use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way.

(n) No-one using this website must use or attempt to use any automated program (including, without limitation, any spider or other web crawler) to access our system or this website, or to search, copy, monitor, display or obtain links to any part of this website.

(o) Obtaining access to any part of DJC Wills and Probate’s system or this website by means of any such automated programs is strictly unauthorised.

(p) No-one using this website must make or attempt to make any deletions or additions (save  where completing any form supplied by DJC Wills and Probate) or notifications, adjustments or alterations to any of the data or information or the systems or the databases contained or connected in any other way related to this website.

(q) If a Client is unsure whether their proposed use of the information infringes these rights the Client should contact DJC Wills and Probate by e-mail.

(r) This website may contain links to other websites that do not belong to DJC Wills and Probate.

(s) DJC Wills and Probate shall have no responsibility or liability in any way whatsoever for the content of any linked or other website or for the consequences of its use.

(t) DJC Wills and Probate gives no assurances that information obtained from this website or any other website linked connected or associated in any way will be supplied virus free.

(u) DJC Wills and Probate hereby expressly excludes all liabilities in respect of inaccurate or incomplete information in this website or any other website linked connected or associated in any way howsoever arising including (without limitation) those arising as a result of inaccuracies in the information provided to DJC Wills and Probate by any person company body or other organisation whatsoever.

(v) DJC Wills and Probate is not responsible for the content or reliability of any linked web sites. DJC Wills and Probate does not necessarily endorse the views expressed in them. DJC Wills and Probate cannot guarantee that these links will function all of the time and DJC Wills and Probate has no control over the availability of the linked pages.

(w) DJC Wills and Probate reserves the right to make changes to its websites, policies, and these Terms and Conditions at any time. The Client will be subject to the Terms and Conditions in force at the time that the Client uses the website or that the Client uses our services, unless any change to these Terms and Conditions  is required to be made by law (in which case it will apply to use previously made by the Client).

(x) Clients agree that DJC Wills and Probate may contact them by e-mail for all purposes.

I confirm that I have read and agree these Terms of Business

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Signed ............................................... 

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Dated ...............................................

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