Terms & Conditions

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

We are Guardian Legacy Ltd, a company registered in England and Wales. Our company registration number is 16774913, and our registered office is 11 Warren Road, Cheadle Hulme, Cheadle, SK8 5AA.

If you wish to contact us, please write to Guardian Legacy Ltd, Customer Services, 11 Warren Road, Cheadle Hulme, Cheadle, SK8 5AA, or email enquiries@guardianlegacy.co.uk.

These Terms and Conditions (the “Terms”) apply to the agreement between You and Us for the provision of the Estate Administration Plan and the Estate Planning Services. By placing an order with Us, You are offering to buy the Estate Administration Plan and the Estate Planning Services subject to these Terms. Our acceptance of your order will take place on completion and signing of your consultation documentation, 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 there is a mistake in these Terms, please contact Us to discuss.

Definitions

The following terms have the following meanings in these Terms:

“Brochure” means Our official brochure, which contains details of Our Estate Administration Plans, Estate Planning Services, and relevant prices and which confirms Your selected Estate Administration Plan or selected Estate Planning Services.

“Deposit” means the amount You are required to pay upon placing Your order.

“Designated Professional Regulated Advisors” means the professional advisors that will perform Your Estate Administration Plan or Your chosen Estate Planning Services. All services that are regulated (reserved activity) are delivered by solicitors who are regulated by the SRA. Guardian Legacy is not a regulated law firm and does not itself provide any reserved legal activities. Any work which constitutes a regulated legal service (including, but not limited to, probate and trust creation) is carried out solely by Designated Professional Regulated Advisors, who are independent solicitors authorised and regulated by the Solicitors Regulation Authority (SRA).

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

“Estate Planning Services Confirmation” means the confirmation pack We will send You containing the Brochure and other documents, and which will confirm Your chosen Estate Planning Services and the Estate Planning Services Price.

“Estate Planning Disbursements” means the third-party costs associated with the Estate Planning Services that the Designated Professional Regulated Advisors will be required to pay on Your behalf, e.g. HM Land Registry fees and Office of the Public Guardian fees and any other costs they may incur.

“Estate Planning Services Price” means the price of Your chosen Estate Planning Services which includes VAT as set out in the Brochure and confirmed in the Estate Planning Services Confirmation.

“Instalment Term” means the period of time that You have chosen to pay Your Estate Administration Plans or Estate Planning Services monthly instalment payments over.

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

“Plan Benefit” means the provision of the Estate Administration Plan. The Designated Professional Regulated Advisors 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 Brochure and Plan Certificate.

“Plan Cancellation Fee” means the charge that applies if You cancel Your Estate Administration Plan or Estate Planning Services more than 14 days after the Start Date. This charge is £595. Where services have been delivered, the full selling price will be pursued if not paid in full.

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

“Plan Event of Default” means any of the following events:
(a) any of the Instalments for Your Estate Administration Plan remain unpaid more than 60 days after they are due;
(b) no request for the Estate Administration 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 Regulated Advisors or to provide the necessary information requested by the Designated Professional Regulated Advisors within a reasonable period of time.

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

“Plan Payment Method” means the way that You have chosen to pay for Your Estate Administration Plan or Estate Planning Services, either:

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

“Plan Price” means the price of the Estate Administration Plan which includes VAT.

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

“Professional Advisors’ Services” means the estate administration services that are supplied directly by the Designated Professional Regulated Advisors. The Estate Administration Plan only includes the Professional Advisors’ Services that are set out in the Plan Certificate and the Brochure.

“Estate Administration Disbursements” means the third-party costs associated with probate that the Designated Professional Regulated Advisors will be required to pay on the Plan Holder’s behalf, e.g. the costs for applying for a grant of probate with the court and conveyancing costs (sale of the property)and any other costs that may be incurred.

“Estate Administration Plan(s)” means Your choice of Estate Administration Plans set out in the Brochure as confirmed on the Brochure and Plan Certificate.

“Straightforward Estate” means an estate where the will is not contested, there is no more than one real property (freehold, leasehold or commonhold) to be realised as part of the estate administration, and there are no more than one property and five bank accounts within the UK held by the deceased at the date of death. If an estate falls outside this criteria, additional charges (outside those covered by the Plan) may be levied by the Designated Professional Regulated Advisors.

“Start Date” means the date that Your Estate Administration Plan or Your Estate Planning Services instruction was taken by Us.

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

“Us”, “We”, “Our” means Guardian Legacy Ltd.

“Welcome Pack” means the Brochure and other documents provided to You which will confirm Your chosen Estate Administration Plan and Estate Planning Services, Plan Price and Payment Method.

“You”, “Your” means the person or people applying for an Estate Administration Plan or Estate Planning Services.

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

1.1 The purpose of Your Estate Administration Plan is to give You and Your loved ones protection from the risk of rising costs of estate administration services and the worry of having to arrange and pay for estate administration when the time comes. The Plan Price will cover the Professional Advisors’ Fees in relation to the estate administration services in full, provided the estate administration services are carried out by the Designated Professional Regulated Advisors and the estate is a Straightforward Estate as defined above.

1.2 You are eligible to apply for an Estate Administration Plan or Estate Planning Services if You are over 18 at the Start Date.

2. What Your Estate Administration Plan Includes

2.1 What Your Estate Administration Plan includes will be detailed on Your Plan Certificate.

2.2 No refund is payable for Professional Advisors’ Services included in the Estate Administration Plan that Your Next of Kin chooses not to receive at the Time of Need.

3. What Your Estate Administration Plan Does Not Cover

3.1 Your Estate Administration Plan includes only those Plan Benefits detailed on Your Plan Certificate. Examples of services that are not included in the Estate Administration Plan are: intangible assets, estate agent’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, missing share certificate fees, asset tracing searches, dealing with disputes or claims against Your estate, tracing missing or unknown beneficiaries, and financial advice on disposal of assets.

3.2 The Estate Administration Plan does not cover the Plan Benefits in countries other than England and Wales and is limited to dealing with one real estate property located in England and Wales.

3.3 The Estate Administration Plan does not include the costs of Estate Administration Disbursements and expenses. Estate Administration Disbursements and expenses are the third-party costs associated with the Estate Administration services that the Designated Professional Regulated Advisors will be required to pay on behalf of the Plan Holder, e.g. costs for applying for the grant of probate, required notices and services not included within Your Plan Certificate, search fees, etc. The Estate Administration Disbursements will be notified and charged to You (if You are not the Plan Holder) or the Next of Kin at the Time of Need.

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 nor any Estate Planning Disbursements and expenses.

5. Your Designated Professional Regulated Advisors

5.1 We work with contracted, reputable firms of professionally regulated advisors to provide You with Estate Administration Plan Benefits and Estate Planning Services.

5.2 Where You have contracted an Estate Administration Plan, We will allocate a firm of professionally regulated advisors to You at the Time of Need.

5.3 Where You have instructed Us, upon receipt of all required information We will allocate a firm of professionally regulated advisors to You.

5.4 If You have instructed Us and fail to either: (a) attend two or more scheduled appointments with the Designated Professional Regulated Advisors; or (b) provide the necessary information requested by the Designated Professional Regulated Advisors within a reasonable period of time, We will have no further obligation to fulfil the Estate Administration Services and the relevant cancellation fee will apply.

5.5 Where a trust is included in Your will, there may be additional costs/tax implications associated with the trust at the time of death. We recommend that You seek Your own independent financial and or legal advice in this regard.

6. The Plan Certificate and Your Details

6.1 We will send You the Plan Certificate within 45 days of receiving all required information relating to Your Plan. 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 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 Estate Administration Plan or Your Estate Planning Services

7.1 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 a set number of monthly instalment payments over Your Instalment Term. A minimum Deposit will be required before work will commence.

7.2 Where We have agreed to accept payment of the Estate Administration Plan or Estate Planning Services 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 Professional Advisors’ Fees.

7.3 If, during the term of Your Instalments, You wish to make Your Estate Administration Plan or Estate Planning Services 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.

7.4 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 Estate Administration Plan or Estate Planning Services fully paid. Decreasing instalment payments will increase the Instalment Term and may increase the total amount to pay to make Your Estate Administration Plan or Estate Planning Services fully paid.

7.5 If, during the presentation of Your Plan Certificate or Estate Planning documentation, You wish to amend Your instruction given to Us through Your consultation document or other documented media, We reserve the right to charge You additional fees to cover the additional work according to the table of fees current at that time.

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

8.1 The Estate Administration Plan will not provide the Plan Benefit until payment in full has been received. If You are paying by Instalments and the Estate Administration 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 Estate Administration Plan to pay for the Estate Administration 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 estate administration services can be arranged.

8.3 We will notify You (if You are not the Plan Holder) or the Next of Kin at the Time of Need of the costs of the Estate Administration Disbursements that the Designated Professional Regulated Advisors will be required to pay on behalf of the Plan Holder. The costs of the Estate Administration Disbursements may need to be paid in full or paid from the estate in order for the Designated Professional Regulated Advisors to carry out the Professional Advisors’ Services.

9. If You Stop Paying Estate Administration 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 Estate Administration Plan by re-commencing payments.

9.2 If You do not re-commence payments within 60 days, the Estate Administration Plan will lapse 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 Estate Administration Plan.

10. Estate Administration Plan Unclaimed Money

10.1 If the Estate Administration 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 Estate Administration Plan. If We do not receive a response within 28 days, We will consider that You have chosen not to claim Your Estate Administration 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 Estate Administration Plan subject to these Terms.

11. Your Estate Administration Plan Money is Held in a Trust

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

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

11.2A The Trust is independently administered and non-interest-bearing. The funds are held solely for the purpose of paying the Professional Advisors’ Fees and related costs of providing the Estate Administration Plan at the Time of Need. The Trust is not used for investment or any other commercial purpose. All monies are held and released strictly in accordance with the terms of the governing Trust Deed, which identifies the appointed independent trustees and the basis on which payments are made. The appointed independent trustees are responsible for ensuring that all monies are held separately from Guardian Legacy’s own funds and applied only in accordance with the Trust Deed. Details of the Trust Deed and the names of the current trustees are available on request.

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 Estate Administration Plan.

12. Cancelling Your Estate Administration Plan or Your Estate Planning Services

12.1 You have the right to cancel Your Estate Administration 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). You may use the model cancellation form available from Us upon request, but it is not obligatory. To meet the cancellation deadline, it is sufficient for You to send Your communication before the cancellation period has expired.

12.2A If You request that We begin providing the Estate Planning Services or the Estate Administration Plan within the 14-day cancellation period, You acknowledge that You may lose Your right to cancel once the services have been fully performed. We will only begin work within the 14-day cancellation period where You have provided Your express written consent for Us to do so.

12.3 If You decide to cancel the Estate Planning Services within 14 days after the Start Date, all payments made to the date of cancellation will be repaid to You (without interest).

12.4 If You decide to cancel the Estate Administration 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 refunded subject to the Plan Cancellation Fee. If the payments made are less than the Plan Cancellation Fee, We may require You to pay the balance.

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

12.5A The Plan Cancellation Fee of £595 reflects the reasonable administrative and professional costs incurred by Us in setting up Your Plan, including consultation, documentation, processing, allocation of Designated Professional Regulated Advisors, and Trust administration. This fee is a genuine pre-estimate of Our costs and is not intended to operate as a penalty.

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

13. Complaints

13.1 Complaints about Your Estate Administration Plan or Your Estate Planning Services should be made in writing to Guardian Legacy Ltd, Customer Services Department, 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. Where a complaint concerns work carried out by a Designated Professional Regulated Advisor, You may also have the right to refer the matter to the Legal Ombudsman once that firm’s complaints process has been completed.

14. General

14.1 We may vary all or any of these Terms at any time upon publishing such changes on Our website. Such changes will become effective seven (7) days after publication on Our website; however, any change will not affect contracts entered into before the effective date unless required by law or regulation.

14.2 We will only use Your personal information in accordance with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018, as set out in Our Privacy Policy displayed on 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 failing to use reasonable care and skill, but We are not responsible for any loss or damage that is not foreseeable.

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, including liability for death or personal injury caused by Our negligence, for fraud or fraudulent misrepresentation, or for 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 will ensure that the transfer does 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 required under these Terms, or if We delay taking steps against You for breaking this contract, that will not mean You do not have to do those things and it will not prevent Us taking steps later.

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.

14.12 Force Majeure. We shall not be liable for any delay or failure to perform Our obligations under these Terms if such delay or failure results from circumstances beyond Our reasonable control, including acts of God, natural disasters, pandemics, strikes, or governmental action.