December 2010

In this Code of Practice the following words shall have the following meanings:

“the Society” shall mean The Society of Will Writers and Estate Planning

Practitioners

“a Member” shall mean a companion, fellow, member, honorary member,

associate or affiliate of the Society

“a Consultant” shall mean any person who is involved in any aspect of the

provision of Will Writing Services either directly or indirectly

“Will Writing Services” shall mean the provision of Wills, Lasting Powers of

Attorney, Living Wills, notices of severance, probate advice and other services

(subject to Clause 5.7 below) of a legal nature provided by a Member to his

clients. It shall also mean inheritance tax advice and other tax planning

advice in connection with the preparation of Wills

Any reference to “the Code” will mean this Code of Practice

In this Code the singular shall include the plural and the masculine shall

include the feminine and vice versa

Reference to a “Clause” shall mean a Clause of this Code

2.1 A Member will observe the law of the jurisdiction in which the Member

practices and shall not knowledgably assist his clients to breach the law or

leave any breach unreported to the relevant authority

2.2 A Member shall comply at all times with regulations and guidance issued by

the Society from time to time

2.3 A Member shall only offer and carry out Will Writing Services which the

Member has competence to carry out and for which the Member carries

professional indemnity insurance in accordance with paragraph 2.11 below

2.4 A Member shall ensure that at all times he has the required general and

technical competence to advise on the provision of the Will Writing Services

which the Member offers and has full and proper knowledge of developments

in his areas of professional expertise. To this end the Member shall comply

strictly with the rules of the Society’s Continuing Professional Development

Scheme

2.5 Where a matter is beyond a Member’s competence the Member must advise

the client to seek alternative legal or other advice

2.6 In the conduct of the Member’s business the Member shall act with integrity,

objectivity and courtesy and shall do nothing to bring the name of the Society

into disrepute

2.7 All Members shall display a copy of this Code of Practice at their business

premises and shall promptly supply a copy of it to their clients on request

free of charge

2.8 A Member shall not disclose information relating to the Member’s client’s

affairs to any third party without the consent of that client unless legally

required to do so and shall comply with all legislation from time to time in

force relating to data protection and money laundering

2.9 A Member must display on his letterhead a statement that the Member is a

Member of the Society and supply a copy of such letterhead to the Society

and any changes made to it

2.10 A Member must comply with the Society’s annual compliance procedure and

make periodic returns as required by the Society. In particular the Member

must annually upon request:

(a) supply the Society with details of his professional indemnity insurance

(b) supply the Society with details of continuing professional development

undertaken by the Member

(c) pay such sum as the Society shall reasonably require towards its Public

Indemnity Fund

(d) supply the Society with a copy of the Member’s procedure for dealing with

complaints

Upon receipt of a satisfactory return the Society will issue the Member with an

annual certificate of membership

2.11 A Member shall not practice unless the Member maintains in force a

professional indemnity policy with an approved insurer to a limit of at least £2

million and produces to the Society evidence that such policy is in force

2.12 A Member shall have satisfactory arrangements in place for the conduct of

the Member’s practice in the event of his death or prolonged incapacity and

shall provide details of such arrangements to the Society

2.13 A Member must ensure that the work of all those employed by the Member is

satisfactorily supervised and that all such employees and any agents or

consultants of a Member are aware of this Code of Practice, comply with it

and are adequately and properly trained for the tasks that they perform. The

Member will be ultimately responsible for a breach of the Code by any of the

above who is not a registered Member in his own right

2.14 If a Member shall become bankrupt or enter into an arrangement with

creditors or being a director of a company that is wound up or enters into

administration or liquidation (except for the purposes of reconstruction or

amalgamation) he shall cease to practise and advise the Society

2.15 A Member offering to store Wills or other documents for a client shall ensure

that they are stored in fire-proof and flood-proof secure premises and that

they are adequately insured. A Member offering to store Wills and other

documents for the lifetime of a client shall for the protection of the client offer

alternative storage arrangements (at no further cost to the client) in the

event of him ceasing to practise for whatever reason

2.16 Each Member shall ensure that he provides a free or reasonably priced aftersales

service for clients that is simple to use and easily accessible. This shall

include advice and information regarding the products and services purchased

or available for purchase. Where an after sales service is offered details and

limitations must be clearly stated in writing. The service should be offered for

a reasonable period or for the period advised to the client. Phone calls to any

after-sales service should not be charged at a premium rate

3.1 Members shall take reasonable precautions to ensure that no conflict of

interests arises between their clients and themselves. A Member must not act

where a conflict of interests arises

3.2 There is a conflict of interests if:

a) A Member or his company owes separate duties to act in the best interests of

two or more clients in relation to the same or related matters and those

duties conflict

b) A Member’s duty to act in the best interests of any client in relation to a

matter conflicts with his own interests in relation to that or a related matter

3.3 Where a client proposes to make a lifetime gift or a gift on death to, or for

the benefit of a Member, or the Member’s company the Member must advise

his client to seek independent advice unless the client is a member his family.

4.1 Before accepting instructions from a client the Member will supply to his client

pre-contractual information which is clear and accessible and available in

writing

4.2 This pre-contractual information must be provided to every client and in a

special format if necessary such as in Braille, large print or in a different

language.

4.3 As a minimum this information should include the following:

a) The Members name and address and the name of the attending

consultant

b) Information on the main characteristics of the products and services

to be provided including definitions of any technical terms used

c) Information on key contract terms including delivery, payment,

withdrawal and cancellation rights.

d) Pricing information containing a total price and full breakdown for

each product or service including any delivery charges, VAT charges,

credit charges by compliance with the Consumer Credit Act and any

other items incurring a fee

e) Information about complaints and after sales procedures

f) Explanations as to any differences between the client’s stated

requirements, or a consumer’s usual expectations, and the nature of

the goods and services to be provided

g) Information on the availability of linked goods and services such as

lifetime updates and storage

h) A statement that the Member adheres to this Code of Practice and

that a copy of it is available upon request

4.4 A Member shall submit his terms of business (in a form approved of or

recommended by the Society) to the Member’s client before entering into a

contract for the supply of Will Writing Services. Members must ensure that

their terms of business comply with the Unfair Terms in Consumer Contracts

Regulations 1999, the Consumer Protection from Unfair Trading Regulations

2008 and any other relevant legislative provision. In particular the terms of

business shall provide Members’ clients with:

a) a date by which the Will Writing Services are to be completed in the

normal course of events

b) advance notice of any delays that may be likely and in the event of

delay for any reason a revised completion date

c) details of cancellation rights as described at Clause 6.2

d) a statement that the Member complies with this Code of Practice

e) details of full complaint procedures

5.1 A Member that takes deposits or advance payments for the provision of Will

Writing Services shall have in place an appropriate mechanism to ensure the

prompt return of any such deposit or advance payment in the event that the

Member is unable to comply with his obligations under his terms of business

and/or this Code of Practice

5.2 All money received by a Member for or directly from a client shall be held in a

client account(s) separate to that of the Member’s business and with no right

for the Member’s bankers to offset any liabilities accrued on the Member’s

business account against such separate account(s)

5.3 A Member must not refuse to accept instructions from any person solely on

the grounds of sex, race, colour, ethnic origin, religion or belief, age,

disability, sexual orientation or transgender status

5.4 In this Clause a “vulnerable client” is someone who is elderly, infirm, with a

disability or learning difficulty or someone purchasing Will Writing Services at

a time of illness or distress or with insufficient knowledge to understand a

document that may be produced or advice that may be given to him or her,

but who is nonetheless adjudged by the Member, with or without supporting

medical opinion, to be of sufficient capacity to act on the advice given by the

Member

5.5 While it is accepted that Wills and other documents prepared by the Member

may be complex in nature and couched in legal language, a Member must be

prepared to explain to the vulnerable client terminology used in any such

documents and in language that such client is likely to understand at no

additional cost and in writing if requested. Failing which the Member shall

rescind the contract for the provision of Will Writing Services and refund any

fees paid if the vulnerable client so requests

5.6 In cases where instructions are received by a Member to carry out Will

Writing Services in circumstances where a Member does not meet his client

the Member shall take all reasonable and proper precautions to verify the

identity of the client and that such instructions emanate from the client.

Where instructions are taken by an employee, consultant or agent of the

Member that person will take all reasonable and proper precautions to verify

the identity of the client and that such instructions emanate from the client

although it will ultimately be the Member’s responsibility to ensure that this is

carried out where any of the above is not a Member in his own right. Without

prejudice to the foregoing a Member, when engaged in a regulated activity as

defined by the Money Laundering Regulations 2007, shall comply with such

Regulations

5.7 A Member shall not undertake probate services or the administration of the

estate of a deceased person for gain without the prior consent of the Society

6.1 A Member must comply with the client’s instructions with reasonable skill,

care and expedition appropriate to the need of the client. A Member must

endeavour to dispatch documents, by first class post, within 14 days of taking

a client’s initial instructions. However, where circumstances occur which are

outside of the Member’s control which will result in a delay beyond this

period, a client must be given a full written explanation and the opportunity

to renegotiate the contract or cancel the agreement with a full refund being

provided. The documents must be produced as soon as possible and, in any

event, the Member shall produce and dispatch the draft Will(s) within 30 days

of having taken the initial instruction

6.2 A Member must refund any money paid in respect of the preparation of a

client’s documents should they change their mind within 7 days from the date

of taking instructions. If a Member provides further cancellation rights the

Member may reserve the right to charge for the advice given and for any

work already carried out in accordance with signed instructions, after the

expiration of this period but must provide a full breakdown of charges

incurred

6.3 In taking instructions it is the Member’s duty to establish that the client is

acting freely, without coercion with a full understanding of the transaction

and is of testamentary or other appropriate capacity with reference to the

principles of the Mental Capacity Act 2005 and the common law test in Banks

v Goodfellow

6.4 Clients must be provided with the opportunity for the attestation of all

documents produced by a Member to be supervised by a Member or his

representative and it shall be made clear in the Member’s terms of business

whether or not this is chargeable. Where a client does not opt for such an

attestation service then the Member shall offer free of charge a service to

check, as far as is practical, that such documents appear to have been

attested correctly

6.5 Where a Member produces a Will or other document that contains a clause

which limits the liability of an executor or trustee for breach of trust then the

Member shall draw this clause to the client’s attention

6.6 In order that a Member may comply fully with the requirements of any future

investigation of whatsoever nature initiated by the Society or a client or his

personal representatives or any other third party, the Member agrees to

make available without time limit and upon demand a copy of the client

file(s) to the Society or other party entitled under law

6.7 Upon conclusion of business a Member shall inform each client in writing of

the location of the customer satisfaction form for completion on our website

or provide a hard copy where requested

7.1 A Member may advertise the Member’s practice and seek to obtain directly or

indirectly clients in any manner and through any medium provided that the

good reputation of the Society is not damaged

7.2 In particular any advertising or promotional material shall be truthful, in good

taste such as will be unlikely to cause offence to any other person and shall

contain no disparaging statements, express or implied, about any other

Member. A Member shall not use misleading, unfair or deceptive sales

practices to advertise or promote Will Writing Services

7.3 The Society must approve before publication all advertising and promotional

material produced by a Member which carries the Society’s logo and such

material will state the Member’s adherence to the Code of Practice

7.4 All advertisements placed by a Member must comply with all relevant codes

of advertising including the British Codes of Advertising and Sales Promotion,

the Independent Television Commission code; the Radio Authority Code; the

Independent Committee for the Supervision of Standards of Telephone

Information Services and all relevant statutory instruments including the

Consumer Protection from Unfair Trading Regulations 2008

7.5 A Member shall not seek to harass or exert pressure upon clients or potential

clients

7.6 Members shall not make unsolicited telephone calls to those registered with

the Telephone Preference Service, make unsolicited faxes to those registered

with the Fax Preference Service or make unsolicited mailings to those

registered with the Mailing Preference Service

7.7 Any prices quoted in any advertising material (or in any literature produced

by a Member) shall indicate whether they include or exclude Value Added Tax

8.1 A Member must have in place a written complaints procedure which should be

provided to clients upon request. It should be reviewed annually and issued

to staff as appropriate

8.2 The complaints procedure will contain details of how to make a complaint, the

information that must be provided, who to address it to, the timescales

involved and that a client has the option to refer the complaint to the Society

should the Member not provide a satisfactory resolution

8.3 All written complaints should be acknowledged as soon as received and no

later than 7 days after. A formal response should be provided to a complaint

within 14 days or, where this is not possible, the client advised of the reasons

for this and then provided with a formal response as soon as possible and no

later than 28 days after the complaint is received

8.4 Members shall provide the same level of co-operation to either a third party

or an intermediary who acts on behalf of a complainant as they would offer to

the complainant

8.5 If complaints cannot be resolved between the Member and the Member’s

client within a reasonable time, then the Member shall advise the Society of

the complaint. The Member shall advise the client that the complaint has

been referred to the Society and provide details of the Society’s complaint

handling procedure, including the right of access to the IDRS Dispute

Resolution Service if the complaint remains unresolved following the Society’s

intervention

8.6 Clients should be informed that, although advisable, they do not have to

pursue complaints through the procedures laid out in this Code and that they

may pursue other options, such as independent arbitration or court action, at

any time

8.7 A written record should be kept of each complaint made to a Member and this

should be made available on request to the Society

9.1 Any breach of this Code of Practice is considered by the Society as a serious

matter and may result in disciplinary proceedings being instigated by the Society

against the Member

9.2 The Society’s disciplinary procedures are set out in its Complaints and

Disciplinary Procedures which are deemed to be incorporated within this Code of

Practice and which have been read and agreed to by the Member