Terms of Business

Terms of Business – Abacus Advice Wills & Estates Ltd (version 1, October 2026)

Abacus Advice Wills & Estates Ltd ("we", "us") is registered in England and Wales, company number 12003717. Our registered office is Pluto House, 6 Vale Avenue, Tunbridge Wells, Kent TN1 1DJ. Telephone 01892 320449. Email mike@abacuswills.co.uk. Website www.abacuswills.co.uk.

Please read these terms carefully and keep a copy. We cannot start work until you have accepted them. You accept them by ticking the box and signing at the end of our online questions, by signing a paper copy, or by paying for our services after we have sent them to you.

1. Who we act for

We act for the person or people named in your instructions. Where we take instructions from two people together, for example mirror wills, clause 9 applies.

2. What we do

We prepare wills, lasting powers of attorney, trusts and related documents from the instructions you give us. Wills are drafted by Mike Hardy on specialist legal software. More complex trusts may be drafted by a qualified solicitor who is a member of STEP, with Mike remaining your point of contact. We will tell you if this applies before any extra fee is charged.

3. Your online answers

Your answers to our online questions are your first instructions to us. We will check them, and we may ask you more questions or ask to speak to you before we start. You must give us full and accurate information. If you leave something out, or it changes, your documents may not do what you want.

4. Our right to decline and refund

We may decide not to accept your instructions, or to stop acting for you, at any time and for any reason. We do not have to give a reason. If we do this, we will tell you in writing and refund in full any money you have paid us for work we have not completed. We will not charge you for work up to that point unless you have already received documents from us.

Examples of when we may decline include where your situation needs a service we do not offer, where we have a conflict of interest, where we cannot complete identity checks, or where we believe a will or other document would not be in your interests.

5. What you will receive

• A draft of your documents to check, in plain English.
• Your final documents, ready to sign.
• Clear written instructions on how to sign them and have them witnessed.
• A receipt for your payment.

6. What we do not provide

We do not keep your documents up to date unless you ask us to. You should contact us if your circumstances change, for example a marriage, civil partnership, separation or divorce; the birth or adoption of a child or grandchild; the death or serious illness of an executor, trustee, attorney or beneficiary; buying or selling property, or a large inheritance; or moving abroad.

We do not store original documents. You are responsible for keeping your signed originals safe and telling your executors or attorneys where they are.

7. Fees and payment

Our fees are fixed and agreed before we start, as shown on our website and in your quote. They are not subject to VAT unless we tell you otherwise. You may be asked to pay a deposit or the full fee before we start, by card through a secure payment link, by bank transfer or by any other method we agree.

Some costs are paid to others and are extra to our fee. For example, the Office of the Public Guardian charges a fee to register each lasting power of attorney. We will tell you about these before they arise. Where two or more people instruct us together, each of you is responsible for the whole fee.

8. Your right to cancel

Because you are instructing us online or away from our office, you have a legal right to cancel within 14 days of accepting these terms, under the Consumer Contracts Regulations 2013. To cancel, tell us in writing or by email within that time.

We will not start work during those 14 days unless you ask us to. If you ask us to start sooner and then cancel, we may keep a fair amount for the work already done. Once your documents are complete, you can no longer cancel. If you choose to wait the 14 days and something happens to you in that time, we cannot be responsible for any loss caused by your documents not yet being in place.

9. Joint instructions

Where two people instruct us together, for example for mirror wills: we act for both of you, and anything one of you tells us may be shared with the other; if a conflict arises between you, we may have to stop acting for one or both of you; and if one of you later asks us to change their document, we may have to tell the other, or stop acting for both of you.

10. Signing your documents

We will send clear instructions on how to sign your documents and have them witnessed. A will that is not signed and witnessed correctly may not be valid. If you would like us to check your signed documents, send us a copy and we will check them free of charge within 30 days of sending them to you. You may accept these terms and give instructions by electronic signature. Your will itself must still be signed in ink in front of two witnesses, as the law requires.

11. After you receive your documents

Please check your draft carefully. If we have made a mistake, tell us and we will correct it free of charge. If you want changes to your instructions after you have approved your draft, we may charge a fee, which we will agree with you first.

12. Files and records

We keep your file and our records for at least 7 years, or longer where we need to by law. We may charge a reasonable fee to retrieve and copy an old file. We will only release your file to someone else with your written consent, or after your death to your executors.

13. Identity checks

The law may require us to check your identity and address, and sometimes those of others involved. We may use an electronic checking service for this. We may ask for further documents at any time, and we may decline to act or stop acting if we cannot complete these checks (see clause 4).

14. Your information

We use your personal information only to provide our services, and we handle it in line with UK data protection law (UK GDPR and the Data Protection Act 2018). Our privacy notice on this website explains how. We may share your information with people who help us complete your work, such as a solicitor drafting a trust, an identity checking service or the Office of the Public Guardian, and with anyone we must share it with by law. Email is not fully secure, so we will not send bank details by email.

15. Video calls and recordings

We usually meet by video call. With your permission, we may record a call so your wishes are captured exactly. Recordings are kept securely with your file and used only for your matter.

16. Complaints

We hope you will be happy with our service. If you are not, please tell Mike Hardy, Complaints, Abacus Advice Wills & Estates Ltd, Pluto House, 6 Vale Avenue, Tunbridge Wells, Kent TN1 1DJ, or email mike@abacuswills.co.uk. We will acknowledge your complaint within 5 working days and aim to give you a full answer within 8 weeks. Please raise any complaint within 6 months of receiving your documents.

17. Limit of our liability

Our total liability to you for any claim arising from our work is limited to £2 million. You agree not to bring a claim against any of our staff personally. Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot be limited by law.

18. Not regulated by the Financial Conduct Authority

Abacus Advice Wills & Estates Ltd is not authorised or regulated by the Financial Conduct Authority. Our will writing, lasting power of attorney and trust services are not covered by the Financial Ombudsman Service or the Financial Services Compensation Scheme. Regulated financial advice, including on pensions and investments, is given separately by Abacus Advice Ltd, which is authorised and regulated by the Financial Conduct Authority (FRN 402725). The two companies share a director, Mike Hardy. Any introduction between them is made openly, and you are free to use either without the other.

19. Changes in the law

We will not tell you about later changes in the law that may affect your documents, unless you ask us to review them.

20. Changes to these terms and governing law

We may update these terms from time to time. The version you accepted applies to your matter unless we agree otherwise in writing. These terms are governed by the law of England and Wales, and the courts of England and Wales have jurisdiction.