Terms & Conditions
McAllisters (hereinafter referred to as “the Company”) are members of the Institute of Scottish Professional Willwriters (hereinafter referred to as “ISPW”) and it is mandatory that it operates in accordance with the ISPW Code of Practice, copies of which are available (in written or audio format) free of charge either from the Company or from the ISPW,Trinity Point, New Road, Halesowen, West Midlands B63 3HY. Any instances of non compliance with the ISPW Code of Practice should be addressed to the ISPW. The purpose of these Terms and conditions are to explain to you what your rights and obligations are and what rights and obligations the Company have. The terms of this agreement are governed by Scottish laws and any dispute shall be resolved within the jurisdiction of the courts of Scotland.
Both the Company and the ISPW are keen to ensure that the Company provides its services to the highest standards within the profession and in compliance with the Code of Practice. We would be grateful if you would spend a few moments completing an on line questionnaire at www.ipw.org.uk/feedback. Alternatively a paper version of the questionnaire can be obtained from the Company or the ISPW.
Our Obligations
1. The Company usually operates a two visit system. The first visit is to discuss your situation and your requirements and to obtain as much information as possible to enable us to draft your documents.
2. A second visit will be arranged to return your documents, to explain them to you so that you can be sure that they meet your requirements and to supervise the signing of them. Where documents are being drafted as updates to documents already drafted by the Company, you can elect not to have a second visit.
3. The Company is obliged to give you best advice. In some cases this may require additional products or services, provided at extra cost either by the Company or another company recommended by us. You are under no obligation to take up any product or service, but the Company may require you to sign a disclaimer if you choose not to do so.
4. The Company may require you to sign a disclaimer if you instruct us to draft any product or service in a way that is contrary to our advice.
5. Any advice that is given by the Company is based on its understanding of law, practices and procedures at the date of this agreement. The Company is not responsible for any consequences arising from any future changes in law, practices or procedures.
6. The Company has Professional Indemnity Insurance of £2million to cover claims and losses worldwide (except in the United States and Canada) arising as a result of any negligent act by it. The policy is currently with Beazley Solutions Ltd on behalf of Beazley Syndicate 2623/623 at Lloyds.
7. The Company has Public Liability Insurance of £5million to cover claims and losses or damages worldwide (except in the United States and Canada) arising from action by it. The policy is currently with Beazley Solutions Ltd on behalf of Beazley Syndicate 2623/623 at Lloyds.
8. The Company reserves the right to withdraw from any transaction if it is unable to complete any transaction in whole or in part but if it does so, it will write to you immediately and you will not be liable to pay any fees.
9. The costs of correcting any error or omission on the part of the Company shall be borne entirely by the Company.
10. The Company will maintain client files for a period of 6 years after your death, or for a period of 6 years after you have notified us in writing that your document(s) have been revoked, whichever event occurs first.
11. The Company will provide advice free of charge in matters relating to this transaction for its lifetime.
Your Obligations
The validity, accuracy and suitability of any documents that we provide will partly depend upon the honesty, completeness and accuracy of your answers to our questions. The Company therefore requires you to be open and honest with the information that you provide to us. The Company is not responsible for any consequences arising from inaccurate or incomplete information provided by you.
Payment
Payment will be required, in full, on completion of the documents to your satisfaction.
Timescales
1. Your completed documents will be available for signing no earlier than 7 days and no later than 14 days from the date on which the Company has all the information that it requires to complete your documents.
2. In the event that the Company is unable to meet the above timescale then you will be able to renegotiate this agreement or you can cancel it without any obligation to pay any fees.
3. If you are unable to provide all of the information that the Company requires to draft your documents within 28 days of this agreement then you will be liable to pay half of the total fees on the 28th day after this agreement. Any fees paid at this time will be deducted from your final invoice.
Notice of the right to cancel
1. You have a right to cancel this agreement with McAllisters within 7 days of the date of this agreement by writing to the Company at the postal address or the email address below and you will not be required to make any payment.
2. You can cancel this agreement with McAllisters later than 7 days after the date of this agreement by writing to the Company at the postal address or the email address below. Unless the cancellation is due to a delay on the part of the Company that is beyond the timescale referred to in section 4a, you will be liable to pay half of the full fee.
3. You can use the cancellation form attached to this agreement. Where notice of cancellation is posted, it is recommended that it is sent by Recorded Delivery, however cancellation will be deemed to be served as soon as it is posted or sent to us.
4. The Company will acknowledge receipt of notice of cancellation in writing within 14 days.
5. You can agree in writing that the Company can start work on your documentation on a date before the expiry of 7 days of the date that you first give us information to enable us to complete work for you however your rights to cancel under clause 6a will be terminated on the day that the Company starts work on your documents.
Complaints
1. If you are not happy with any aspect of service provided by the Company, you should first of all contact, Drew Mcallister whose telephone number is 0141 353 9510.
2. If you wish to make a complaint about any aspect of service provided by the Company, you must, in the first instance write to, Drew McAllister at McAllisters 272 Bath St, Glasgow, G2 4JR. He will acknowledge your letter within 3 working days of receipt and then investigate the circumstances of your complaint and write to you with the results of his investigation within a further 28 days. If you are not happy with the results of the investigation by the Company, you can write to the Instituteof Professional Willwritersat their address below, who will instigate a Conciliation Process to help you and the Company to reach a mutually satisfactory agreement.
3. If you are not happy with the results of the Conciliation Process or if you choose not to take up the Conciliation Process following any investigation by the Company, you can write to the Estate Planning Arbitration Scheme (EPAS) at the address below who will then investigate your complaint and make a formal judgement but there will be a cost to you if you take this option.
4. These complaints procedures do not prevent you from seeking other means of redress.
Website Usage
1. Text content on this site remains the property of Drew McAllister, McAllisters.
2. Image content, unless specified remains the property of Drew McAllister, McAllisters. Institute of Professional Willwriters has been used as permission has been granted.
Chartered Trading Standards Institute
This firm complies with the ISPW code of practice.
