Terms of use

IMPORTANT LEGAL NOTICE

This legal notice applies to the entire contents of the DAS Householdlaw website under the domain name (www.householdlaw.co.uk) ("the Householdlaw Website").

Set out here are the terms and conditions ("the Conditions") that govern your use of the Householdlaw Website, and the user services (as set out in paragraph 4) ("USER SERVICES") provided or offered by the service providers (specified below under paragraph 3) ("WHO PROVIDES THE USER SERVICES") to Users of the Householdlaw Website. The Privacy Policy and the Complaints Procedure as detailed on the Householdlaw Website forms part of these Conditions.

It is important that you read and understand the Conditions before you start to use the Householdlaw Website. By using the Householdlaw Website, you indicate that you accept these Conditions and that you agree to abide by them. If you do not agree to these Conditions, you must leave the Householdlaw Website immediately.

1. GENERAL

The Householdlaw Website is provided by Epoq Legal Limited ("ELL"), registered in England and Wales under company number 3909557, whose registered office is at Grosvenor House, 1 High Street, Edgware, Middlesex, HA8 7TA, on behalf of DAS Legal Expenses Insurance Company Limited ("DAS"), registered in England and Wales under company number 103274, whose registered office is at DAS House, Quay Side, Temple Back, Bristol BS1 6NH, FSA registration number 202106.

DAS' VAT number is 567782290 and ELL's is 761237341. DAS is authorised and regulated by the Financial Services Authority. You can check this on the FSA Register by visiting the FSA website www.fsa.gov.uk. DAS is regulated by the Solicitors' Regulation Authority. A copy of the SRA's rules can be found on www.sra.org.uk.

These Conditions may be amended from time to time. It is recommended that you check the Conditions each time you visit the Householdlaw Website in order to ensure that you are aware of the current version of the Conditions because they are binding on you. You can print and keep a copy of the Conditions for your reference.

Reference to "our", "us" and "we" on the Householdlaw Website with regard to the provision of a particular User Service is a reference to the relevant Service Provider specified below (please refer to "WHO PROVIDES THE USER SERVICES" at paragraph 3 for further details).

These Conditions (and all communications) are in English and governed by, and will be construed in accordance with the law of England & Wales, and the Courts of England & Wales shall have jurisdiction to determine any disputes concerning the meaning or application of these Conditions.

2. USING THE HOUSEHOLDLAW WEBSITE

The Householdlaw Website is for use only in relation to legal issues in the jurisdiction of England & Wales.

The content of the Householdlaw Website is provided for information only, and does not constitute advice or a recommendation to you that the products and services provided or advertised on the Householdlaw Website are suitable for you in your circumstances. We therefore disclaim all liability and responsibility arising from any reliance placed on such material by any visitor to our site, or by anyone who may be informed of any of its contents.

Reasonable efforts will be made to keep the Householdlaw Website available for use; however access is not guaranteed to be available all the time. We will not be liable for any periodic unavailability of the Householdlaw Website.

Due to the nature of the internet and the possibility of third party interference, the Householdlaw Website is not guaranteed to be free of all technical defects of any description (including but not limited to viruses, worms or trojan horses) or any forms of computer misuse (including but not limited to hacking). We will not be liable for any damage or loss caused as a result of your use of the Householdlaw Website. You acknowledge that you are responsible for taking back up copies of your data and taking appropriate precautions to protect your computer systems against technical defects, viruses or computer misuse.

If there are links from the Householdlaw Website to other websites operated by third parties, we do not guarantee you will be able to access the other websites via any link on the Householdlaw Website. Neither DAS not ELL guarantee the content or accuracy of any third party's website, nor do they accept any responsibility for your use of that website or for any loss or damage that may arise from you use of them.

3. WHO PROVIDES THE USER SERVICES

The User Services are provided by the individual service providers identified below:

The Law Guide, The Document Preparation Services and the Technical Support Helpline - will be provided by ELL;
The review by a lawyer under the Legal review Document Preparation Service - will be provided by DAS;
Executor and Trustee Services - will be provided by Capita Trust Company (Co. No. 121898 of Seventh Floor, Phoenix House, 18 King William Street London EC4N 7HE (FSA Number 121898)] ("Capita Trust").

The Service Providers are responsible for the service that they provide to you, including any advice you may receive from them. All User Services are provided on the Service Providers' own terms and conditions.

4. THE USER SERVICES

The Law Guide

The Law Guide is provided by ELL. It is offered free of charge to visitors to the Householdlaw Website. No user registration is required.

ELL does not provide legal advice. The information contained in the Law Guide is for guidance and information only and is not to be construed as advice.

Although every effort is made to ensure that the Law Guide is accurate and reflects the law at the time of use, it may or may not reflect current events or changes in the law.

Before you act or rely on the Law Guide, you should take legal advice. We disclaim all liability for actions taken or not taken based on the Law Guide.

Document Preparation Services:

The following document preparation services (each a "Document Preparation Service") are available:

The Self service Document Preparation Service with no legal advice or assistance; and
The Legal Review Preparation Service which provides for the document you produce using the Self service Document Preparation Service to be reviewed by a lawyer.

These document preparation services are described in detail below

A. The Self Service Document Preparation Service

The Self service Document Preparation Service enables you to draft a document ("the Document"), but does not provide the facility (which is available with the Legal review Document Preparation Service detailed below) for your document to be reviewed by a lawyer.

The Document Preparation Service does not provide legal advice. It is designed for use by persons who do not have complicated legal requirements or require specific legal or tax advice in connection with the terms of a document, for example (and not by way of limitation) your personal circumstances, taxation, disposal or effectiveness on any property, gifts or dispositions made by you. The Document Preparation Service uses a document assembly and drafting system ("the System"). The responses you give will dictate the content of the documents produced.

When using the Document Preparation Service, you will be asked a series of questions; the answers you give will dictate the content of the documents produced by the System. We do not accept any responsibility for any Document drafted by you using the System. You alone are responsible for ensuring the answers or any information you give is correct (this includes information in relation to the identity of any parties or signatories, their age or capacity). We rely on you providing the correct information.

You must carefully check that the Document produced fully reflects your wishes. If it does not, you should not execute it. It is your responsibility to ensure that any Document is properly executed in accordance with any instructions that are provided to you.

Documents specify the jurisdiction in which they are suitable to be used. You should not use them in any other jurisdiction or if any person who is to sign it, or the property the document deals with, is outside the jurisdiction that it is drafted to be used in.

All Documents should be used in conjunction with proper advice as to their application and adaptation to your particular circumstances. We cannot be responsible if you use a Document without seeking proper advice as to its application and adaptation, or if you alter or amend it.

We recommend that before reusing a Document you check the Householdlaw Website to ensure that you have the latest version. If ELL have replaced it with a revised version, we recommend that you upgrade to the latest version.

Documents completed online will be stored for a maximum period of 6 years. After this period you may not be able to obtain access to your Documents, and they may be deleted. ELL reserve the right to levy a reasonable recovery charge in respect of any Documents that can be recovered. If you have not logged in to the Website for a period of 12 months or more, then ELL reserve the right to store your documents offline and levy a reasonable recovery charge for you to access them again.

Where the Document is a Will or a trust:

Wills or trusts created by you using a Document Preparation Service are only suitable for use in accordance with the law of the jurisdiction stated.

We have no obligation or duty to supervise the execution of any Will. You will be provided with information on how to sign your Will in accordance with the relevant jurisdiction but we do not assume any responsibility for the Will being correctly executed.

In connection with any Will created by you using a Document Preparation Service we shall have no responsibility and will accept no liability for verifying:

Your identity
That you are over 18 years of age
Your testamentary and/or mental capacity
Whether you are or were subject to any undue influence when creating your Will
Whether you knew, understood and approved the contents of your Will
Whether there were or might be any actual or potential third party beneficiary(ies) who might have a claim in law against your estate.

We do not assume any responsibility nor will we accept liability for failing to provide later advice on the terms of any Will or trusts prepared using a Document Preparation Service should future taxation changes or any other changes in the law render their terms inappropriate. The responsibility for future reviews of the terms of your Will or trusts rests with you.

B. The Legal review Document Preparation Service

As an additional service, once a Document has been drafted by you using the Self service Document Preparation Service specified above, you may send it electronically for review to the DAS legal team ("DAS Legal"). DAS Legal may contact you by telephone to clarify your requirements. You may correspond with DAS Legal over telephone (or email). When discussing a Document with DAS Legal over the telephone, you must have it visible on-screen or printed out.

When DAS Legal advises you on the preparation of any Document it will exercise reasonable care in the provision of this service to you. It will perform work as quickly as reasonably possible, but neither ELL nor DAS Legal shall be liable in respect of any failure to meet any specified deadline or completion date.

The legal assistance provided by DAS Legal will cover the following: DAS Legal will endeavour to answer any questions you have sent them with your Document, review the Document for its suitability for your intended purpose, and advise you on what changes you may need to make to the Document to make it suitable for your requirements. DAS Legal will not redraft the Document, make alterations to the Document itself nor proof read the data you input into the System or the Document for typographical errors. If DAS Legal considers that the Document requires substantial drafting changes to make it suitable for your requirements, they may advise you to seek bespoke advice from an independent firm of solicitors, and decline to assist you further. DAS does not review the content of any of the materials (including for the avoidance of doubt the Law Guide or the initial documents used by you on the Self service Householdlaw Website) provided by the other Service Providers.

Neither ELL nor DAS Legal (as the context shall require) will have any responsibility or liability for:

Verifying your answers or any information given by you when using a Document Preparation Service;
Any alterations made by you or on your behalf to a Document once it has been returned to you by DAS Legal, unless such alteration has been approved by DAS Legal;
Supervising or checking the due and proper execution of any Document;
Any use of a Document outside the jurisdiction for which it is indicated to be suitable;
Any adverse consequences if you use or rely on any Document for a purpose, or in circumstances, other than that or those indicated by you to by DAS Legal for the purpose of the Legal review Document Preparation Service without taking appropriate legal advice as to its suitability for that particular purpose or in those particular circumstances;
Undertaking after completion of the Legal review Document Preparation Service any further review of any Document or providing any advice, legal or otherwise, as to the continuing effectiveness for legal, taxation or any other purpose of any Document.

If you do not use the Legal review Document Preparation Service within 12 months of purchase you will not be able to obtain access to it thereafter. In such circumstances we shall not have any obligation to rebate you any part of the sum you have paid us.

DAS Legal will endeavour to respond to such communications as fast as they can, and aim to respond within 5 working days.

Technical Support Helpline

ELL provides a technical and software support helpline in relation to your use of the Householdlaw Website. Details of this service are available on the 'Contact Us' page.

Executor and Trustee Services

Wills can be produced using the option of appointing Capita Trust as sole or joint executors or trustees in your Will. If you do so, the appointment will be subject to Capita Trust's standard terms and fees. The terms and conditions of Capita Trust's Executor and Trustee Service can be viewed by clicking here.

5. PAYMENT FOR THE USER SERVICES

Payment for the chargeable User Services will be made in accordance with the procedural details appearing in the Householdlaw Website or the applicable Service Provider's website if a direct link is provided. Users of the Householdlaw Website are entering into contracts direct with the Service Provider. Where a separate website is accessed in negotiating and concluding such a contract the terms upon which that Service Provider processes your financial and other details will be set out on that Service Provider's website. In all other cases you contract with ELL who receive payment and hold information in respect of credit cards and debit cards securely in accordance with recognised industry standard techniques.

There are 2 ways to pay for the User Services - either by way of 'Subscription' or 'Pay as You Go':

Subscription

If you pay for the User Services by way of Subscription the following services are available:

Document Preparation Services
- Self service Document Preparation Services - this is free of charge to holders of a Policy or Registration Letter;
- Legal review Document Preparation Service - a charge is made for this service.

The range of documents in the Document Preparation Service using Subscription is not as extensive as the range available with the Pay as You Go Service. The reduced range is identified on the Householdlaw Website.

To make use of the Subscription Service you must be a resident in England Wales or Scotland and aged 18 years or over, and hold a relevant policy of insurance issued by DAS ("Policy") or registration letter issued by DAS ("Registration Letter")to qualify for a subscription. If you qualify for the Subscription Service, you will receive a Username and Password to access a non-public area of the ("Members' Area") where you can access the User Services.

The Members' Area is for your personal use only (except that you may access the Members' Area to create a Will on behalf of a spouse, civil partner or partner). If you are a DAS Policyholder the Members' Area may be used by any insured person defined within your Policy. You shall not permit any other party to have access to the Members' Area. You may not use (other than as is expressly or impliedly licensed), resell, reverse engineer, decompile or otherwise modify any software. If you breach these Conditions, we can, without notice, revoke your Username or Password or refuse access to all or any part of the Householdlaw Website (including the Members' Area).

Your right to use the Subscription Service will lapse and we will terminate your access to the Members' Area if your Policy is cancelled, withdrawn, lapses without renewal or is terminated for whatever reason.

Pay as You Go Service

The following services are provided with the Pay As You Go Service:

Both the Self service Document Preparation Service and the Legal review Document Preparation Service are available on a 'pay-per-use' basis;

In order to have access to the Pay as You Go Service you must register with us.

If you are an individual you must be aged 18 years or over.

Only when you have registered on the Householdlaw Website will you receive a Username and Password to grant you full access to the Client Area ("the Client Area") of the Householdlaw Website and will you be able to use the Pay as You Go Service.

The User Services available with the Pay as You Go Service are for your personal use only (except that you may access the Client Area to create a Will on behalf of a spouse, civil partner or partner). You shall not permit any other person to have access to the User Services or Client Area or to use the User Services. You may not use (other than as is expressly or impliedly licensed), resell, reverse engineer, decompile or otherwise modify any software.

If you breach these Conditions, we can without notice revoke your Username and Password and refuse access to the Client Area of the Householdlaw Website.

Solicitor/client relationship

No services are provided to you which could be regarded as legal advice or other advice which could be expected to be given or provided by a practising solicitor. No solicitor/client relationship is established by use of the Website. Sending or receiving information through the Website does not establish a solicitor/client relationship.

6. CANCELLATION & REFUNDS

Document Preparation Services

If you have purchased a Document Preparation Service, it comes with a money-back guarantee. If you are not happy with the Document you have purchased, you may contact us for a refund within 14 days of the date you purchased it, provided that, in the case of a Document using the Legal review Document Preparation Service the Document has not been finally approved by DAS Legal.

Subscriptions

Unless performance of any of the User Services provided with a Subscription Service has already, with your agreement, commenced, you have the right to cancel that subscription provided that you exercise that right within fourteen working days beginning with the day after the day the subscription commenced. After that time, you will no longer be able to exercise any right to cancel your subscription. To cancel your subscription, please contact us.

Performance of a User Service will commence as soon as you begin to use that service.

7.COMPLAINTS PROCEDURE

If you have a complaint, please contact us.

8. DISCLAIMER & LIMITATIONS

Any claim in respect of breach of contract or for negligence or in any other way for or related to the provision or failure to provide a User Service shall be against the applicable Service Provider of the User Service.

DAS Legal and ELL:

The material displayed on the Householdlaw Website is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, DAS hereby expressly exclude:

all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Householdlaw Website or in connection with the use, inability to use, or results of the use of the Householdlaw Website, any websites linked to it and any materials posted on it, including, without limitation any liability for:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- loss of goodwill;
- wasted management or office time; and
for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

If DAS Legal or ELL is held liable for any loss or damage to you for or in relation to the provision of or failure to provide a User Service, whether in contract or negligence or any form of liability, such liability shall in all cases be limited to the payment of an amount not exceeding £50,000 in respect of any one claim or series of connected claims.

This does not affect DAS or ELL's liability for death or personal injury arising from DAS or ELL's negligence, nor liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

You acknowledge that the exclusions and/or limitations in these Conditions are reasonable having regard to the fact that the Householdlaw Website, the Law Guide, and the Document Preparation Services are freely accessible and available at no or low cost.

9. INTELLECTUAL PROPERTY

Use of the Householdlaw Website and the User Services is subject to the notices of ownership of intellectual property rights detailed from time to time on the Householdlaw Website.

All rights in the design, text, graphics and other materials on the Householdlaw Website are the copyright of ELL or DAS.

"RAPIDOCS" and the "RAPIDOCS" logo are UK registered trademarks of Epoq Group Ltd ('EGL').

"DAS Householdlaw" is a trademark of DAS.

Rapidocs software featured on the Householdlaw Website is copyright EGL 2009. Reproduction of part or all of the content of the Householdlaw Website in any form is prohibited. Other software reproduced in and on the Householdlaw Website is copyright EGL 2009. You may not use (other than as is expressly or impliedly licensed), resell, reverse engineer, decompile or otherwise modify such software.

10. OTHER CONDITIONS

We shall not be liable for any failure to provide or delay in providing any service resulting from circumstances or events outside of our control, for example due to strikes and other industrial disputes, breakdown of systems or network access, fire or explosions, or power failure.

Telephone technical support will be available in accordance with the times advertised on the Householdlaw Website. You may contact the helpline on the number provided from time to time. Calls may be recorded for training and monitoring purposes.

If any part of these Conditions (and/or notices on the Householdlaw Website) is found to be invalid or unenforceable, then such part will be deemed replaced by a valid and enforceable provision that most closely matches the intent of the original part and the remainder of the provision shall continue in full force and effect.

We reserve the right to change the Conditions under which the Householdlaw Website or any User Service is offered.

No forbearance or delay by us in enforcing the provisions of these Conditions will prejudice the rights, powers or remedies available to us; and such rights, powers or remedies will be cumulative.

You may not assign, subcontract or otherwise transfer any rights or obligations under these Conditions, whether in whole or in part, without our prior written consent. We shall be able to assign the benefit of all or part of the Conditions to any company or other entity which is from time to time a subsidiary or a holding company of ELL and DAS (as the case may be) within the meaning of Section 1159 of the Companies Act 2006, or an associated body corporate of ELL and DAS (as the case may be) within the meaning of Section 256 of the Companies Act 2006.

Headings in these Conditions are for convenience only and shall not affect their interpretation.

These Conditions represent the entire agreement between the parties in relation to the Householdlaw Website and no party shall attempt to rely upon any prior understanding or representation, which may have been reached or made.

CAPITA TRUST COMPANY LTD - SCALE OF FEES AND TERMS OF USE FOR EXECUTOR AND TRUSTEE SERVICES

The fee scale and terms of use below only apply if you appoint Capita Trust as your executors or Discretionary Trust trustees in a Will created through our Member Services.

Executor service

For acting as executor or administrator the following fees are applicable - nothing is payable until after the trust company commences its duties:

Administration fee – calculated on the gross value of the estate and normally payable when the Grant of Probate or Grant of Letters of Administration is issued:

On the first £100,000 3%
On the next £150,000 2%
on the remainder of the estate 1½%
Minimum fee £1,000

Note: A reduction in the administration fee will be made in cases where the trust company on the termination of its duties as executor considers it justified on the grounds that the administration was unusually simple in relation to the value of the estate and in particular where the main asset is a residence which is retained for the surviving spouse.

Joint assets – assets in the joint names of the deceased and another and passing absolutely to the survivor by survivorship will be excluded from the gross principal value of the estate when calculating the administration fee payable.
Activity fee. Calculated at the rate of £250 for each beneficiary taking an immediate interest in residue, whether absolute or in trust, or an immediate interest in a settled legacy. The number of such beneficiaries shall be determined by the trust company as soon as residue has been ascertained.

No further activity fee will be payable when a trust created by the Will or intestacy comes to an end and capital is distributed.

Where the number of beneficiaries is changed by Deed of Family Arrangement or other variation within two years of the death the activity fee will be adjusted accordingly.

Trustee service

For acting as Trustee (or custodian trustee but not as executor) of the Discretionary Trust over your marital home created in your Will, the following special rates are applicable, debited only after the death of the first spouse:

Establishment. £650. If Capita have been appointed as executors, this fee is waived.
Administration. £350 per annum.
Withdrawal. As detailed in c) below.
Winding-up of the Trust. £650.

If the house (a share of which has been gifted into the Discretionary Trust, or over which an IOU is secured) is sold and the Trust is required to continue, then the scale fees detailed in b) below will apply, unless the Trust is able to hold a share of a different property or an IOU secured over it, in which case the above fees will continue to apply.

If Capita are appointed your executors and are required to become a trustee over any other trust created by your Will, the following fees will apply:

Acceptance fee – calculated on the market value of the appropriate trust fund when assets are transferred to the control of the trust company as trustee or custodian trustee at a rate of ½%. Minimum acceptance fee £1,000. This fee will be waived where the trust has arisen under a Will where the trust company has acted as executor.
Annual administration fee – calculated on the capital value of each fund, including any capitalisation, and payable annually during the continuance of the administration at the rate of 1.25% per annum. The fee may be calculated on any valuation already made within the preceding twelve months and is apportionable where a period of less than one year is involved. Minimum annual administration fee £1,000.
Withdrawal fee – payable whenever the fund is reduced by payment or withdrawal for any purpose whatsoever or where our duties are terminated or on a change of trustee. Calculated on the gross value or amount of any capital paid or withdrawn at the rate of 1.25%.

Other charges

In addition to the fees for acting as executor or trustee as set out above, the trust company reserves the right to make additional charges commensurate with the responsibilities and services rendered, for dealing with matters of a special, exacting, or unusual nature.

Please also note the following:

The annual trust administration fee is inclusive of a charge made for the management of the trust assets.
All fees are subject to Value Added Tax at the rate appropriate at the time the fee is charged.
The fees detailed above are chargeable against either the income or the capital of the estate or fund at the discretion of the trust company.

The above scale of fees is subject to our standard terms and conditions.

Standard terms and conditions for executor and trustee business

In any case where Capita Trust Company Limited ("the Trust Company") acts as executor or trustee jointly with another or others the following provisions shall apply:
1. All securities, title deeds and other original documents relating to the estate or trust shall be deposited with or held to the order of the Trust Company.
2. All registered stocks, shares and securities shall be held in the sole name of the Trust Company (or in the name of a nominee or custodian selected by the Trust Company and held to the Trust Company's order) as nominee for the executors and trustees and its name shall be placed first on all title deeds and other documents relating to the estate or trust and
3. the Trust Company shall be authorised to hold and operate in its sole name all bank accounts relating to the estate or trust and these provisions shall be included or incorporated by reference in the Will, settlement or other document in which the Trust Company is appointed to act.
4. The other executor(s) or trustee(s) shall have all reasonable facilities for inspecting the original documents held by the Trust Company and the Trust Company shall render a detailed account of the transactions it has carried out on behalf of the estate or trust and its management of the moneys and assets of the estate or trust at such frequency as shall be agreed with the other executor(s) or trustee(s).
The Trust Company shall be entitled to charge and retain remuneration for its services according to its scale of fees in force at the time of entering into its duties with power to charge remuneration in accordance with any later scale of fees of the Trust Company for the time being in force, such scale being subject to revision without notice.
The fees payable to the Trust Company as set out in the scale of fees are in addition to reimbursement of outlays and expenses incurred in the employment of brokers, solicitors, and other agents. The Trust Company may retain any allowances and shares of commission made by bankers, brokers and other agents and may retain the benefit of any additional interest paid to it as executor or trustee by any bank or financial institution over and above the rate it routinely pays to its customers without being liable to account to the estate or trust for any profit made thereby.
The Trust Company may effect any insurances, sinking funds, life policies and annuities which may be necessary for or in the interest of the estate or settlement and the Trust Company (or any associate company) may retain for its own benefit any profit or commission accruing therefrom.
The Trust Company may act by its proper officer or officers and may appoint any officer or officers of the Capita Group to act on its behalf.
The Trust Company reserves the right to decline to act in any particular case.