TERMS AND CONDITIONS FOR THE SUPPLY OF PROBATE PLANS AND ESTATE PLANNING SERVICES

We are Prosperous Estate Planning Limited a company registered in England and Wales. Our company registration number is 11749141 and our registered office is at 11 Warren Road, Cheadle Hulme, Cheadle, Cheshire, United Kingdom, SK8 5AA.

If you wish to contact us please write to us at 11 Warren Road, Cheadle Hulme, Cheshire, SK8 5AA or email us at [email protected]

These Terms and Conditions (the “Terms” apply to the agreement between You and Us for the provision of the Probate Plan and the Estate Planning Services. By placing an order with Us, You are offering to buy the Probate Plan and the Estate Planning Services subject to these Terms. Our acceptance of your order will take place when We send you the Welcome Letter and the Estate Planning Services Confirmation, at which point a contract will come into existence between You and Us.

Please read these Terms carefully before you submit Your order to us. These terms tell You who We are, how We will provide the services 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.

Definitions

The following terms have the following meanings in these Terms:

“Welcome Letter” means Our official letter, which contains details of Our Probate Plans, Estate Planning Services, relevant prices and which confirms Your selected Probate Plan or selected Estate Planning Services.

“Deposit” means the amount You are required to pay upon placing your order for a Probate Plan or Estate Planning Services.

“Designated Professional” means the professional that will perform Your Probate Plan or Your chosen Estate Planning Services as We (in our absolute discretion) may appoint to perform Your Probate Plan or Your chosen Estate Planning Services.

“Estate Planning Services” means Your choice of estate planning services (such as preparation of wills, lasting powers of attorneys and trusts) set out in the Welcome Letter and as confirmed in the Estate Planning Services Confirmation.

“Estate Planning Services Cancellation Fee” means the charge that applies if You cancel Your Estate Planning Services more than 14 days after the Start Date. This charge is:

  • (a) an amount equal to 50% of the Estate Planning Services Price, if You cancel the Estate Planning Services after 14 days from the Start Date but on or before 30 days from the Start Date; or
  • (b) an amount equal to 100% of the Estate Planning Services Price, if You cancel the Estate Planning Services after 30 days from the Start Date.

“Estate Planning Services Confirmation” means the Welcome Letter We will send You and other documents which will confirm Your chosen Estate Planning Services and the Estate Planning Services Price.

“Estate Planning Services Price” means the price of Your chosen Estate Planning Services which includes VAT as set out in the Welcome Letter.

“Instalment Term” means the period of time that You have chosen to pay Your Probate Plan’s monthly instalment payments over.

“Next of Kin” means the personal representatives of the Plan Holder’s estate.

“Plan Benefit” means the provision of the Probate Plan. The Designated Professional will provide the Plan Benefit at the Time of Need provided that You have complied with all of these Terms, including all payments due under Your selected Payment Method. The Plan Benefit is set out in the Welcome Letter and Probate Plan Certificate.

“Probate Plan Cancellation Fee” means the charge that applies if You cancel Your Probate Plan more than 14 days after the Start Date. This charge is £595.

“Probate Plan Certificate” means the certificate issued to You within 45 days of the Start Date of your Probate Plan.

“Probate Plan Event of Default”means any of the following events:

  • (a) any of the Instalments for Your Probate Plan remain unpaid more than 60 days after it is due;
  • (b) no request for the Probate Plan to be provided has been received by Us by the expiry of the period ending 6 months from the death of a Plan Holder; or
  • (c) the Next of Kin’s persistent failure to cooperate with the Designated Professional or to provide necessary information requested by the Designated Professional within a reasonable period of time.

“Plan Holder” means the person(s) that the Probate Plan is for, and after their death their estate.

“Plan Payment Method”means the way that You have chosen to pay for Your Probate Plan, either:

  • “Lump Sum” – – means payment in full in one single payment at the time you take out Your Probate Plan; or
  • “Instalments” – means paying for Your Probate Plan by a set number of monthly instalment payments over Your Instalment Term.

“Plan Price”means the price of the Probate Plan which includes VAT and which may be increased as set out in clause 3.4.

“Professional Fees” means the fees charged by the Designated Professional for the relevant Professional Services.

“Professional Services” means the probate or estate planning services (as applicable) that are supplied directly by the Designated Professional. The Probate Plan only includes the Professional Services that are set out in the Probate Plan Certificate. The Estate Planning Services only include the Professional Services that are set out in the Estate Planning Services Confirmation and the Welcome Letter.

“Probate Disbursements” means the third-party costs associated with the probate that the Designated Professional will pay on the Plan Holder’s behalf, and which are limited to the costs for applying for the grant of probate. Probate Disbursements up to the limit specified in Your Probate Plan are included in the Plan Price.

“Probate Plan(s)” means Your choice of probate plans set out in the Brochure as confirmed on the Plan Certificate.

“Start Date” means the date that Your Probate Plan or Your Estate Planning Services commence. The Probate Plan or Estate Planning Services commence once We have accepted and processed Your order and send the Welcome Pack or Estate Planning Services Confirmation to You. The Start Date is shown on the Probate Plan Certificate or the Estate Planning Services Confirmation.

“Time of Need” means the time of the death of the Plan Holder.

“Us”, “We”, “Our”means Prosperous Estate Planning Limited.

“Welcome Letter”means the letter we will send you documents which will confirm your chosen Probate Plan, Plan Price and Payment Method.

“You”, “Your” means the person or people applying for a Probate Plan.

1. Eligibility and Purpose of Your Probate Plan and Your Estate Planning Services

1.1 The purpose of Your Probate Plan is to give You and your loved ones protection from the risk of rising costs of probate services and the worry of having to arrange and pay for your probate when the time comes. The Plan Price will cover the Professional Fees in relation to the probate services in full provided the probate services are carried out by the Designated Professional. The Probate Plan also provides an allowance for Probate Disbursements as detailed in clause 2.

1.2 The purpose of Your Estate Planning Services is to prepare for the possibility of difficult circumstances, to ensure that your estate is dealt with as you wish and to minimise stress and anxiety for loved ones. The Estate Planning Services Price will cover the Professional Fees in relation to the Estate Planning Services in full provided the services are carried out by the Designated Professional.

1.3 You are eligible to apply for a Probate Plan or Estate Planning Services if You are over 18 at the Start Date.

2. What Your Probate Plan Includes

2.1 The cost of probate services is made up of two different types of fees:

  • (a) Professional Fees relating to the Probate Plan– these charges cover all the elements of the probate that are provided by the Designated Professional directly. They include the provision of the Professional Services in relation to the Probate Plan, e.g. identifying your assets, preparing the necessary documentation for the application for probate and making an application, corresponding with HMRC to complete tax returns, preparing accounts and distributing the estate to the beneficiaries.
  • (b) Probate Disbursements – these are the third party costs associated with the probate services that the Designated Professional pay on behalf of the Plan Holder and which are limited to the costs for applying for the grant of probate and are subject up to the limit specified in Your Probate Plan.

2.2 We guarantee that the Professional Services will in relation to the Probate Plan be procured by Us on Your behalf at no extra cost to You or the Plan Holder or their Next of Kin, providing the probate services are carried out by the Designated Professional. Please see the Brochure for the full details of the Professional Services included in the Probate Plan.

2.3 The Probate Plan also covers an allowance for Probate Disbursements up to a pre-determined limit for the costs for applying for the grant of probate. Please see your Probate Plan Certificate for the allowance towards Probate Disbursements on the Probate Plan. The allowance for Probate Disbursement is reviewed annually and will increase annually in line with the increase in the Consumer Price Index (CPI). There may be a balance to pay at the Time of Need if the actual Probate Disbursements charged by the Designated Professional are more than this limit plus the annual uplifts in CPI.

2.4 No refund is payable for Professional Services or Probate Disbursements included in the Probate Plan that your Next of Kin chooses not to receive at the Time of Need.

3. What Your Probate Plan does not cover

3.1 Your Probate Plan includes only those Plan Benefits detailed on your Probate Plan Certificate. Examples of services that are not included in the Probate Plan (unless you have selected them as additional services) are: estate agency’s fees and conveyancing fees for the sale of property, property clearance and cleaning fees, fees for valuing assets, dealing with assets or liabilities outside of England and Wales, dealing with disputes or claims against your estate, tracing missing or unknown beneficiaries, financial advice on disposal of assets.

3.2 The Probate Plan does not cover the Plan Benefits in countries other than England and Wales.

3.3 If You wish to make a change to upgrade the Probate Plan You have ordered or add additional services, please contact Us. We will let you know if the change is possible. If it is possible, We will let You know about any changes to the Plan Price and anything else which would be necessary as a result of your requested upgrade and ask you to confirm whether You wish to go ahead with the upgrade.

3.4 The Plan Price is based on the estimated value of Your estate as at the Start Date (as set out in Your Plan Certificate) and, if the value of Your estate as at the Time of Need has increased by more than 25% over and above any increase in line with the Consumer Price Index (CPI), then We may increase the Plan Price by the same percentage. We will let Your Next of Kin know about any such increase to the Plan Price and will ask them to confirm whether they wish to pay the balance in full or cancel the Probate Plan as set out in clause 12.5

4. What Your Estate Planning Services Include

4.1 Your chosen Estate Planning Services include only those services specifically detailed on Your Estate Planning Services Confirmation and do not cover the provision of services in countries other than England and Wales. Examples of services that are not included (unless you have selected them as additional services) are: Will storage.

4.2 The cost of estate planning services is made up of the Professional Fees relating to Estate Planning Services. These charges cover all the elements of the estate planning services that are provided by the Designated Professional directly. They include the provision of the Professional Services in relation to Estate Planning Services based on Your chosen Estate Planning Services, e.g. drafting your will, lasting power of attorney or creating family trust.

4.3 We guarantee that the Professional Services in relation to the Estate Planning Services will be procured by Us on Your behalf at no extra cost to You, provided that the Estate Planning Services are carried out by the Designated Professional. Please see the Estate Planning Services Confirmation for the full details of Services included in Your chosen Estate Planning Services option. 

5. Your Designated Professional

5.1 We work with contracted, reputable firms of professionals to provide You with the Plan Benefit and the Estate Planning Services

5.2 Where you have contracted a Probate Plan, We will allocate a firm of professionals to You at the Time of Need.

5.3 Where you have contracted Estate Planning Services, We will allocate a firm of professionals to You within 14 days of the Start Date. We will contact You confirming Your instructions in relation to Your chosen Estate Planning Services.

5.4 If you have contracted Estate Planning Services and fail to either:

  • (a) attend two or more scheduled appointments with the Designated Professional; or
  • (b) provide the necessary information requested by the Designated Professional within a reasonable period,

We will have no further obligation to fulfil the Estate Planning Services and will be entitled to keep any payments made by You in respect of the Estate Planning Services subject to these Terms.

6. The Probate Plan Certificate and Your Details

6.1 For Probate Plans we will send You the Probate Plan Certificate within 45 days of your Start Date. You should keep this in a safe place and let the Plan Holder’s Next of Kin know where You keep it.

6.2 If You lose the Probate Plan Certificate or move house, please contact Us and We will supply a suitable replacement.

6.3 If Your personal details (including name, home address, phone number and email address) change, please contact Us so that We can update Our records.

7. How to Pay for Your Probate Plan or Your Estate Planning Services

7.1 You will pay the Estate Planning Services Price in full by one single payment at the time You contract the Estate Planning Services.

7.2 You can choose to pay the Plan Price in one of the following Plan Payment Methods:

  • (a) Lump Sum, being payment in full by one single payment at the time You take out the Plan; or
  • (b) Instalments, being payment by a set number of monthly instalment payments over Your Instalment Term. A Deposit may be required.

7.3 Where We have agreed to accept payment of the Probate Plan by Instalments, a charge of 4.7% per annum (or such instalment charge as is notified to you at the time of Your order) is charged on the balance of the Plan Price if the Instalments are agreed to be paid over a period greater than 12 months. The 4.7% charge does not form part of the Probate Professional’s Fees or the Probate Disbursements.

7.4 If, during the term of your Instalments, You wish to make Your Probate Plan fully paid you can do this by requesting from Us a statement of the balance outstanding under the Plan, and then paying that balance. If the outstanding balance on that statement is paid in full within 40 days of the Start Date all future instalment charges will be waived.

7.5 You may increase and/or decrease the amount of your Instalments at any time during the payment term by arrangement with Us. Increasing payments will reduce the Instalment Term initially agreed and will reduce the total amount to pay to make Your Probate Plan fully paid. Decreasing instalment payments will increase the Instalment Term and may increase the total amount to pay to make Your Probate Plan fully paid.

8. If Your Probate Plan is Not Fully Paid at the Time of Need

8.1 The Probate Plan will not provide the Plan Benefit until payment in full has been received. If You are paying by Instalments and the Probate Plan has not been paid in full at the Time of Need, We will send You (if You are not the Plan Holder) or the Next of Kin details of the balance outstanding on the Probate Plan to pay for the Probate Plan in full.

8.2 You (if You are not the Plan Holder) or the Next of Kin will have the option to pay (or reach terms acceptable to Us for payment of) the outstanding balance in full before the probate services can be arranged.

9. If You stop paying Probate Plan Instalments part way through the Instalment Term

9.1 If You stop paying the Instalments part way through the Instalment Term, You have 60 days to reinstate the Probate Plan by re-commencing payments.

9.2 If You do not re-commence payments within 60 days, the Probate Plan will lapse and the instalment payments made will be repaid at the Time of Need to You or the Plan Holder’s estate subject to deduction of the following: (a) the Plan Cancellation Fee; and (b) any instalment charges paid under clause 7.3. If the payments made are less than the Plan Cancellation Fee, We may require You to pay the balance. We will have no further obligation to fulfil the Probate Plan.

10. Probate Plan Unclaimed Money

10.1 If the Probate Plan has not been claimed by your 109th birthday, or if We are informed that You may have passed away, then We may write to You at the last address We have on record to ask whether You still plan to claim Your Probate Plan. If We do not receive a response to the letter within a period of 28 days, We will consider that you have chosen not to claim Your Probate Plan and We may retain any payments You have made.

10.2 On a Plan Event of Default, We will be entitled to keep any payments made by You in respect of the Probate Plan subject to these Terms.

11. Your Probate Plan Money is Held in Trust

11.1 The money paid by You is a pre-payment for the cost of the Probate Plan. Your payment, less marketing and direct costs, will be securely held in trust.

11.2 The funds in trust are held separately to Us and managed by independent trustees to ensure Your money is protected.

11.3 Neither You nor the Next of Kin or anyone claiming on your behalf or on behalf of the Plan Holder’s estate are entitled to any interest on or income from any of the money paid by You or on your behalf for the Probate Plan.

12. Cancelling Your Probate Plan or Your Estate Planning Services

12.1 You have the right to cancel Your Probate Plan or Your Estate Planning Services within 14 days without giving any reason. The cancellation period will expire after 14 days from the Start Date.

12.2 To exercise the right to cancel, You must inform us of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or email). To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

12.3 All payments made to the date of cancellation will be repaid to you (without interest). In these circumstances, no cancellation fee will be payable. We will make the reimbursement to you without delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract.

12.4 If You decide to cancel the Estate Planning Services more than 14 days after the Start Date, please inform Us in writing at Our head office. Any payments made by You will be repaid to You subject to the deduction of the Estate Planning Services Cancellation Fee. If the payments made are less than the Estate Planning Services Cancellation Fee, We may require You to pay the balance.

12.5 If You decide to cancel the Probate Plan more than 14 days after the Start Date, please inform Us in writing at Our head office. Any payments made by You will be repaid at the Time of Need to You or the Plan Holder’s estate subject to the deduction of the following: (a) the Plan Cancellation Fee; and (b) any instalment charges paid under clause 7.3. If the payments made are less than the Plan Cancellation Fee, We may require You to pay the Balance.

12.6 If Your Probate Plan is fully paid, Your Next of Kin shall not be entitled to cancel the Probate Plan after the Time of Need subject to these Terms.

12.7 If You cancel the Probate Plan or the Estate Planning Services, We will have no further obligation to fulfil the Probate Plan or the Estate Planning Services.

13. Complaints

13.1 Complaints about Your Probate Plan or Your Estate Planning Services should be made in writing to 11 Warren Road, Cheadle Hulme, Cheshire, SK8 5AA. We will acknowledge receipt of Your complaint within 14 days and will do Our utmost to ensure that any complaint is dealt with as quickly and efficiently as possible.

13.2 If We are unable to reach a mutually satisfactory outcome to Your complaint, We may refer your complaint to an independent mediator.

14. General

14.1 We may vary all or any of these Terms at any time upon giving You seven days prior written notice if and when it becomes necessary or appropriate to do so in order for Us to comply with legal, fiscal or regulatory requirements.

14.2 We will only use Your personal information as set out in Our privacy policy, which is displayed in Our website.

14.3 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.

14.4 We have no further obligation to You, the Plan Holder or the Next of Kin beyond the obligations set out in these Terms or otherwise agreed by Us in writing.

14.5 Any liability We may have to You or the Plan Holder under this contract is limited to £2,000,000. 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; or failure to provide services with reasonable care and skill.

14.6 You cannot assign Your or the Plan Holder’s rights and obligations under the agreement, the Estate Planning Services or the Plan.

14.7 We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under this agreement.

14.8 This contract is between You and Us. No other person shall have any rights to enforce any of its terms.

14.9 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.

14.10 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.

14.11 These Terms are governed by English Law, and either party can bring legal proceedings in connection with these Terms in the English Courts.