Capacity, Execution & Financial Crime Policy

Effective Date: 1 September 2025

Applies to:

  • iTrust121 Limited

  • iTrust121 Pro Limited

(iWill and iTrusts are trading brand products of iTrust121 Limited and are covered by this policy where relevant)

Review Cycle: Annual or upon material regulatory or operational change

1. Purpose of This Policy

This policy sets out the procedures adopted by iTrust121 Limited and iTrust121 Pro Limited in relation to:

  • assessing client capacity;

  • drafting and execution of wills, lifetime trusts, and Lasting Powers of Attorney (LPAs);

  • verification of client identity;

  • prevention of financial crime, undue influence, and abuse.

The policy reflects industry-accepted good practice, proportionate risk management, and professional standards. Services are delivered through a structured, primarily document-led and remote client journey.

2. Client Identification, KYC & AML Controls

2.1 Identity Verification

All clients (including testators, settlors, and LPA donors) are subject to identity verification at the outset of the engagement using an externally outsourced electronic verification provider approved by iTrust121 Limited.

Current Provider ; Experian.

Verification includes, where applicable:

  • confirmation of identity;

  • address verification;

  • sanctions screening;

  • politically exposed person (PEP) screening.

No drafting commences until identity checks are satisfactorily completed.

2.2 Additional Parties

Where relevant and proportionate, identity verification may also be undertaken for:

  • co-settlors;

  • individual trustees;

  • protectors.

3. Instruction Gathering & Fact-Find Process

3.1 Structured Fact Find

All wills, trusts, and LPAs are drafted following completion of a structured fact-find process, capturing:

  • personal and family circumstances;

  • high-level asset overview (where relevant);

  • intended beneficiaries or attorneys;

  • exclusions and safeguards;

  • executors, trustees, and replacement appointments;

  • relevant objectives, intentions, and risks.

3.2 Client Journey Framework

Instructions are gathered through the firm’s documented client journey and adviser process, ensuring:

  • clarity of intention;

  • suitability of structure;

  • consistency of documentation; and

  • a clear written audit trail.

4. Drafting & Client Review

4.1 Draft Issuance

A draft will, trust deed, or LPA is prepared strictly in accordance with recorded client instructions.

All clients receive a draft prior to execution, with sufficient time to:

  • review the document;

  • request amendments;

  • seek clarification.

4.2 Approval Prior to Execution

No document is treated as final until the client has confirmed that:

  • the draft accurately reflects their wishes or intentions; and

  • they are content to proceed to execution.

Approvals and correspondence are retained on file.

5. Assessment of Capacity (General Principles)

5.1 Capacity Standard

Capacity is assessed in accordance with established legal principles, including Banks v Goodfellow, adapted as appropriate to the nature of the document being created.

The firm considers whether the client is able to:

  • understand the nature and effect of the document;

  • understand, in general terms, the assets or powers involved;

  • comprehend who may benefit or be affected;

  • appreciate the consequences of exclusions, discretion, or delegated authority;

  • communicate decisions clearly and coherently.

5.2 Practical Assessment

Capacity is assessed through structured discussion during the fact-find and review process, including:

  • the client’s ability to explain their intentions in their own words;

  • consistency of instructions over time;

  • understanding of executor, trustee, or attorney roles.

Advisers do not provide medical diagnoses. The assessment is a reasoned professional judgment, not a clinical one.

5.3 Escalation Where Concerns Arise

Where concerns arise (including age, illness, vulnerability, confusion, or third-party pressure):

  • drafting may be paused;

  • further clarification may be sought;

  • independent confirmation may be requested where appropriate;

  • instructions may be declined if concerns cannot be resolved.

Observations and decisions are recorded on file.

6. Execution of Wills and Trust Deeds

6.1 Attendance at Signing

The firm does not attend all will or trust deed signings. This is consistent with accepted modern industry practice.

6.2 Execution Instructions

Clients are provided with clear written execution instructions, including:

  • how and where to sign;

  • witness requirements;

  • witness eligibility and independence;

  • execution formalities specific to deeds;

  • guidance on dating and delivery.

6.3 Confirmation of Execution

Following execution, clients are required to:

  • return the executed document; or

  • confirm execution in writing; and/or

  • provide a scanned copy where originals are retained by the client.

Returned documents are reviewed for execution defects, and corrective action is taken where required.

7. Lasting Powers of Attorney (LPA) – Specific Procedures

7.1 Scope of Service and Role

iTrust121 Limited provides advised LPA drafting services to donors only.

The firm:

  • acts solely for the donor;

  • does not act for attorneys;

  • does not accept instructions from attorneys or beneficiaries;

  • does not act as Certificate Provider.

Advice is limited to legal structure, options, safeguards, and practical implications of LPAs and does not include medical assessment or regulated financial advice.

7.2 Capacity of LPA Donors

For LPAs, capacity must exist at the time of execution.

The firm:

  • takes reasonable steps to satisfy itself that the donor understands:

    • the nature and effect of an LPA;

    • the powers being granted;

    • when the LPA may be used;

    • the donor’s right to revoke while capacity remains;

  • assesses understanding through structured discussion and consistency checks.

Statutory confirmation of capacity is provided by an independent Certificate Provider, as required by law.

Where concerns arise:

  • drafting is paused;

  • reliance is placed on the Certificate Provider;

  • instructions may be declined if concerns cannot be resolved.

7.3 Advice on Preferences, Instructions and Safeguards

The firm provides advised guidance to donors on:

  • the distinction between preferences and instructions;

  • risks of overly restrictive instructions;

  • attorney selection and replacement planning;

  • severability and safeguarding considerations.

The firm does not direct attorney behaviour or intervene in attorney decision-making.

7.4 Revocation of LPAs

Where a donor with capacity wishes to revoke an LPA, the firm may provide procedural guidance only, including:

  • explaining the legal effect of revocation;

  • outlining the steps required to revoke and notify the OPG.

The firm does not act where the donor lacks capacity and does not engage in Court of Protection proceedings or disputes between attorneys.

8. Prevention of Undue Influence & Financial Crime

8.1 Separation of Roles

Instructions are accepted only from the client (testator, settlor, or donor). Beneficiaries, trustees, or attorneys are not permitted to direct drafting or decision-making.

8.2 Adviser Awareness

Advisers are trained to identify indicators of risk, including:

  • pressure from relatives or third parties;

  • unusual urgency;

  • unexplained or late-stage changes;

  • instructions inconsistent with prior discussions.

8.3 Protective Measures

Where undue influence or financial crime risk is suspected:

  • instructions may be paused;

  • additional confirmation may be sought;

  • drafting may be declined if concerns cannot be resolved.

9. Record Keeping, Complaints & Review

The firm maintains comprehensive records including:

  • KYC and AML verification results;

  • fact-find documentation;

  • drafts and approvals;

  • execution instructions and confirmations;

  • correspondence and file notes.

Any complaints or concerns are logged, reviewed by senior management, and addressed in accordance with internal governance procedures.

This policy is reviewed annually or sooner if regulatory or operational changes require.

10. Status of This Policy

This policy documents the procedures followed by iTrust121 Limited and iTrust121 Pro Limited in relation to capacity assessment, execution, and financial crime prevention and is intended to demonstrate adherence to professional standards, proportionate risk management, and good practice.


End of Policy