PREAMBLE

 

ProActive Estate Solutions provides a broad range of estate planning services and tools so that clients (i) can put, and then keep, the records and details of the assets of their estate in good order during their lifetime, (ii) plan for and mitigate for the possibility of mental incapacity at some point in the future, and (iii) ensure that their assets go to the correct, chosen beneficiaries upon their death without any of those assets being mislaid, forgotten about or unclaimed.

 

Unlike many providers of such services, ProActive allows its clients to pay for services on an ongoing basis without the need to fund for fees of many hundreds of pounds in one go. Additionally, once clients have paid for their initial estate planning, for example Will and Powers of Attorney, the continuing monthly payment ensures (i) a full annual review of the arrangements, (ii) an annual review and revaluation of all the assets of their estate and (iii) money towards the administration of their estate after their death, ensuring that loved ones who may be unfamiliar with complex financial matters are not left alone and unaided when called upon to act as executors or co-executors. 

 

 

DEFINITIONS

 

Application: means your formal request to ProActive Estate Planning to subscribe Our Estate Planning Service.

Cancellation Fee: means the charge that may be applied if you cancel your subscription outside of the 30-day cancellation period while your fee account has a negative balance.

Capacity: means that you have a full understanding of the instruction you are giving; that is for Us to prepare, set up and administer an Estate Plan on your behalf.

Fixed Monthly Payments: means the fixed monthly payments that will be paid to Us for the provision of your Estate Planning Service. This is a monthly payment plan that needs to be paid at least until whatever services you have selected from us are paid for in full and your fee account balance is at zero or above.

Next of Kin: means the person who has been appointed by the Plan Holder and is authorised to act on their behalf after their death.

Payment Method: means the way that you have chosen to pay us for your Estate Planning Plan. 

Plan Holder: means the person(s) whom the Estate Planning Plan is for. The Plan Holder may also be the Plan Purchaser.

Provider: means a third-party company chosen by ProActive Estate Planning to provide professional services to you on our behalf. 

Estate Planning Plan Price: means the price of the Estate Planning Plan service we are providing at the time of the application. 

Estate Planning Plan Purchaser: means the person who is paying for the service and is responsible for making all the payments due under the payment method. The Estate Planning Plan purchaser may also be the Plan Holder.

Estate Planning Plan Start Date: means the date we will start providing a service to you. Your Estate Planning Plan commences once we have accepted and processed your application and after the first payment has been received. 

Fee Account: means the notional account that your payments go into and from which Our fees are taken for the provision of the services, such as preparing your Will or Power of Attorney.

Fee Schedule: means the schedule of fees which apply from time to time to the various services which we provide to Plan Holders, such as initial set up of your account, annual valuations, or changes to Wills.

Us/We/Our: refers to ProActive Estate Planning.

You/Your: means the Plan Holder or Estate Planning Plan purchaser who may also be the Plan Holder.

Your Plan: means the Estate Planning Plan that you have chosen as selected on your application.

 

 

1. APPLICATION

 

1. By completing your application, you are agreeing to subscribe to Our Estate Planning Service. Your Estate Planning Plan will be subject to these terms and conditions, and you are responsible for making all the payments due for your Plan.

 

1. By completing this application, you are warranting that you are of sound mind and testament and have full legal capacity to make a Will, Power(s) of Attorney and to take rational decisions about the disposition of your estate.

 

2. ESTATE PLANNING SERVICE/PLAN

 

2.1 We provide a broad range of Estate Planning Services as described in the preamble. You can select from those services which ones you require and pay for them over time ensuring that such arrangements are reviewed annually, and any amendments are made – for example, the death of beneficiary.

 

2.2 What is included?

 

2.2.1 You may select from any of the services below:

 

Estate Valuation

Last Will and Testament

Health & Welfare Lasting Power of Attorney (England & Wales only)

Property and Financial Affairs Power of Attorney (England & Wales only)

Family Trusts

Living Wills (Advance Directives)

Administration of your estate

Assistance with Probate and HMRC filing

Inheritance Tax Planning

Digital Asset Solutions, e.g., Bitcoin etc.

Educational Trusts for Children & Grandchildren

Asset Protection Trusts

Private Foundations

Change of Tenancy on property

Advice on Business & Farm Reliefs

Equity Release

Long Term Care Planning

 

2.2.2 The nominal cost and/or fees associated with each service are published annually in the Schedule of Fees – many of these may be provided from your notional fee account and met by your regular fixed monthly fixed payment, while others, e.g., Educational Trusts for Children & Grandchildren, may involve a lump sum payment because they have to be referred to a specialist advisor or lawyer. Additionally, some of the above items require you to a pay to the Office of The Public Guardian (for Powers of Attorney) which you will have to pay yourself separately. Your usual ProActive Consultant will explain everything over the phone and give you full details upon request.

 

2.2.3 We will send a Membership Pack by email with your unique customer number and all relevant documents within 30 days of the Plan Start Date. You should keep this pack in a safe place on your computer, tablet, or phone, and let your family or next of kin know where it is kept. This pack also contains your Assets & Bequests Questionnaire (“ABQ”) which you will need to fill in and return to us.

 

2.2.4 Once we receive your ABQ, we can check that you have values and contact details for all of your disposable assets (e.g., name, address, and email for any investments you might have). We can also verify with you that we have the correct spellings of names and addresses for all executors, trustees, and beneficiaries. We will also collect the contact details of everyone named so that when the time comes, your executors can easily contact everyone they need to. Once we, and you, are happy that the ABQ is 100% accurate and no assets have been missed (e.g., an old fully-paid-up insurance policy from sixty years ago) we will then move to drafting your new will, or in the event you have a current will, checking that is completely accurate and that no assets have been missed.

 

2.5 Payment Options

 

Fixed Monthly Payments: If the selected Payment Method for your plan is by Fixed Monthly Payments, you will agree a figure with Our consultant and that amount will be paid monthly into your notional fee account. The fee account works by a combination of credits and debits, so each time you pay a DD payment your account is credited and when services are provided, your account us debited. The debit amounts for each service and for your initial set up fees are published in the Fee Schedule.

 

Lump Sum Payments: You may make additional payments to your fee account at any time. This may be appropriate if you require a bespoke matter arranging, such as complex trust which will involve us liaising with a specialist adviser or law firm who insists on being paid in full once the work is done.

 

3. CHANGE OF ADDRESS OR CHANGE OF DETAILS

 

3.1 If you change your address, phone number or email, it is essential that you inform us by email at the earliest possibility. Similarly, if you change your name, e.g., by marriage, is essential to inform us.

 

4. YOUR RESPONSIBILITIES AND OBLIGATIONS

 

4.1 All of the details which you provide to us should be accurate and complete. We will not accept any responsibility for the validity or effectiveness of the service we supply to you if the information provided is not accurate and complete.

 

4.2 By subscribing to our service you are confirming that you have a clear understanding of what is being provided to you as part of the service and that you have the ability to make this decision and are not under any undue influence.

 

4.3 For some services we may require that you provide us with Identity and Address Verification for the purposes of complying with ant-money laundering rules.

 

4.4 As many of the services we provide may be provided prior to your paying in enough monthly fixed payments to cover the published charges in the Fee Schedule, you commit to repaying any negative amount showing on your notional fee account in the event that you terminate the agreement. See Termination & Cancelation at clause 10.

 

5. THIRD PARTIES

 

5.1 Other Providers

 

We may instruct a third party to act on our behalf to provide a professional service relating to an item or items contained within our services or any associated work. When we appoint such a provider, we ensure that they can demonstrate the highest quality of service and they take appropriate security measures to protect your data in line with our policies. We do not allow them to use your data for their own purposes.

 

6. CONFIDENTIALITY, DATA PROTECTION AND YOUR PERSONAL INFORMATION

 

6.1 We will only use your personal data where we have legal grounds to do so. We determine the legal grounds based on the purposes for which we have collected and used your personal data. In every case, the legal ground will be one of the following:

 

6.1.1 Performance of a contract: Where we are required to contact you, your Next of Kin or any person paying for a service you are receiving from us so that we can provide the service we are contracted to deliver.

 

6.1.2 Consent: Where you provided explicit consent to receive marketing emails from us. You have the right to withdraw this consent at any time.

 

6.1.3 Our interests: Where it is necessary for us to understand our customers/clients, promote our services and operation of our business.

 

6.1.4 Compliance with law: In some special cases, we may have a legal obligation to use or keep your personal data.

 

6.2 We may be under a duty to disclose or share personal information to comply with any legal obligation.

 

6.3 We may share your data with third parties who provide services on our behalf. All our third-party service providers are required to take appropriate security measures to protect your data in line with our policies. We do not allow them to use your data for their own purposes.

 

7. GOVERNING LAW

 

7.1   The governing law of this contract is English Law. English law also applies to the services provided unless otherwise stated by us, for example if you reside in Scotland and we draft your will then Scots Law will apply to your will.

 

8. ELIGIBILITY

 

8.1 Our services are available to customers who are 18 years old or older, and are either paying for the services themselves, or are having the services purchased on their behalf by someone who is 18 years old or older. 

 

8.2 If a service requires a Next of Kin to be nominated, then the person being nominated must be 18 years old or older.

 

9. COMPLAINTS

 

9.1 Should the situation arise where you want to make a complaint regarding one of the services we have provided or at the level of service you have experienced you can do so by telephone, email or in writing.

 

9.2 You can call us on the number listed at the top of website during normal office hours. Please be aware that calls may be recorded for training and monitoring purposes.

 

9.3 You can also email the details of your complaint to complaints@proactiveestateplanning.co.uk 

 

9.4 We will acknowledge your complaint within 5 working days of receipt of the complaint. We will do so using the same method you used to raise the complaint unless you request a different form of communication.

 

9.5 After investigating your complaint, we aim to provide a final response within 4 weeks but no later than 8 weeks from the date of receipt. If we are unable to resolve your complaint within 4 weeks, we will provide you with a written update. 

 

10. TERMINATION & CANCELATION

 

10.1. You have the right to cancel the service and receive a full refund with no obligation within 30 days of the Plan Start Date provided that no service has been provided, such as a Will being drafted for you.

 

10.2 If the Estate Planning Plan is paid for using the Fixed Monthly Payment method, you undertake and agree that you will not cancel or fail to pay your direct debit payment while your notional fee account has a negative balance as you have already received services which you have not yet paid for.

 

10.3 If your notional fee account has a zero or credit balance you may terminate this agreement at any time by simply informing us of the same.

 

10.4 If you terminate the agreement with a positive fee account balance then that balance will be refunded to you. You may, however, simply cease payments and leave the positive balance in credit towards the administration of your estate after your death. In such circumstances, although, no further payments will be taken, the agreement is not cancelled, and your estate will be entitled to receive administration services after your death to the value of the remaining credit balance.