Terms & Conditions

Client Terms & Conditions

1. INTRODUCTION AND DEFINITIONS

1.1 About these Terms

These Terms and Conditions (“Terms”) govern the relationship between iTrust121 Limited (“iTrust121”, “we”, “us” or “our”) and the individual or entity engaging our services (“you” or the “Client”).

These Terms apply to the estate-planning services that we agree to provide to you, which may include Wills, Will Trusts, Lasting Powers of Attorney, lifetime Trusts and associated estate-planning documents and services.

The precise Services we have agreed to provide, together with the applicable Fees, will be set out in your quotation, recommendation, planning letter, fee proposal or other written confirmation issued to you.

These Terms are separate from our Website Terms and Conditions and govern the direct professional relationship between you and iTrust121.

By accepting these Terms and confirming your instruction for us to proceed, you enter into a binding agreement with us in accordance with these Terms.

1.2 Definitions

In these Terms:

“Business Day” means any day other than a Saturday, Sunday or public holiday in England when banks in London are open for business.

“Client Instruction” means the scope of work agreed between you and us following your Legacy Review, fact-find, consultation, recommendation or other engagement process.

“Confirmed Instruction” means your express confirmation that you wish us to proceed with the agreed Services and Fees after being provided with these Terms.

“Consumer” means an individual acting for purposes wholly or mainly outside that individual's trade, business, craft or profession.

“Cooling-Off Period” means any statutory cancellation period applicable to your contract with us, ordinarily 14 days where applicable to a distance or off-premises consumer contract.

“Documents” or “Estate Planning Documents” means any Will, codicil, Will Trust, Lasting Power of Attorney, trust deed, trust schedule, Letter of Wishes, deed, declaration, notice, memorandum, planning document, asset schedule or other estate-planning instrument prepared as part of the Services.

“Fees”, “Fee” or “Fee Schedule” means the professional charges payable for the Services, as set out in the quotation or other fee proposal accepted by you or, where applicable, the charges published at www.itrust121.com/fees at the time the relevant Service or appointment is agreed.

“Lasting Power of Attorney” or “LPA” means a Property and Financial Affairs LPA or Health and Welfare LPA prepared for registration with the Office of the Public Guardian.

“Payment Arrangement” means any agreed arrangement under which the Fees are paid by deposit, staged payments, instalments, subscription or another payment schedule.

“Planning Note” means an Executive Summary, Executive Planning Note, Legacy Planning Note or other substantive written planning analysis prepared following a Legacy Review or consultation.

“Quotation” means the written quotation, fee proposal or other written confirmation setting out the Services and Fees agreed with you.

“Services” means the estate-planning, document preparation, planning, administrative and associated services we agree to provide to you.

“Third-Party Fees” means fees, taxes, charges or disbursements payable to a third party, public body, professional adviser, registration authority or other organisation and which do not form part of our professional Fees unless expressly stated otherwise.

“Trust Documents” means any lifetime trust deed, trust schedule, Letter of Wishes, deed of addition, deed of gift, deed of assignment or other instrument associated with a Trust prepared by us.

2. SCOPE OF SERVICES

2.1 Our Services

iTrust121 provides estate-planning guidance, document preparation and associated implementation support.

Depending on your agreed instruction, our Services may include:

  • Legacy Reviews, fact-finding and estate-planning analysis;
  • preparation of Wills and mirror Wills;
  • preparation of Will Trusts and associated testamentary provisions;
  • preparation of Lasting Powers of Attorney;
  • preparation of lifetime Trusts from within our estate-planning frameworks;
  • trust schedules and Letters of Wishes;
  • deeds of gift, assignment, transfer, appointment or other supporting instruments;
  • title-severance documentation and associated administrative support where agreed;
  • preparation of beneficiary, asset, policy and property schedules;
  • Trust Registration Service or other registration assistance where expressly included;
  • LPA registration support;
  • Planning Notes and written recommendations;
  • estate-planning implementation and administrative support; and
  • any other estate-planning Service expressly agreed in your Quotation.

You are only engaging us for the Services identified in your agreed instruction. A service not included in your Quotation is not automatically included because it may relate to your wider estate-planning circumstances.

2.2 Nature of Our Service

iTrust121 provides estate-planning guidance and document preparation based upon information supplied by you through our Legacy Review, fact-find, consultations and subsequent instructions.

Our estate-planning frameworks and standard legal documentation have been developed and reviewed with appropriately qualified legal professionals. Individual Documents are then prepared and tailored under our internal technical and governance procedures.

We are not a solicitors' practice and iTrust121 Limited is not an SRA-regulated law firm.

Where your circumstances require case-specific legal advice, reserved legal work, specialist conveyancing, contentious advice or bespoke legal drafting falling outside our established service frameworks, we may recommend or require the involvement of an appropriately authorised legal professional under a separate arrangement.

We do not provide regulated financial or investment advice. Tax guidance is dealt with in Clause 7.

2.3 Different Types of Documents

The legal requirements and implementation process differ according to the type of Document being prepared.

(a) Wills and Will Trusts

A draft Will has no testamentary effect until it has been validly executed in accordance with the applicable legal requirements.

Where we prepare a Will or Will Trust:

  • you must check the final document carefully;
  • you remain responsible for ensuring that it is correctly signed and witnessed in accordance with the signing instructions provided;
  • a Will Trust contained within a Will does not take effect merely because the document has been drafted; and
  • changes in your personal, family or financial circumstances after execution may affect your planning.
(b) Lasting Powers of Attorney

Where we prepare an LPA:

  • you are responsible for checking the information contained in the document;
  • all required parties must complete the document correctly;
  • the applicable execution and certification requirements must be satisfied; and
  • the LPA cannot be used as a registered LPA until registration has been completed by the Office of the Public Guardian.

The Office of the Public Guardian is independent of iTrust121 and controls its own registration process, timescales and statutory charges.

(c) Lifetime Trusts

Preparation or execution of a Trust Document does not, of itself, necessarily transfer ownership or value of an asset into the Trust.

Depending upon the planning adopted, implementation may additionally require:

  • transfer or assignment of assets;
  • execution of additional deeds;
  • property or title documentation;
  • registration with HMRC or another authority;
  • notification to financial institutions, insurers or other organisations; or
  • action by the Settlor, Trustees or a third-party professional.

Any such work will only form part of our Services where expressly included in the agreed instruction.

(d) Other Estate-Planning Documents

Where a Document requires registration, witnessing, certification, execution by another party or action by an external organisation, its effectiveness may depend upon those additional requirements being properly completed.

3. CLIENT PROCESS, FEES AND PAYMENT

3.1 Our Client Process

Our usual process is as follows.

1. Legacy Review and Information Gathering

We collect relevant personal, family, financial and estate-planning information through our Legacy Review, fact-find, consultation process or other agreed method.

This may be completed directly with iTrust121 or with assistance from an adviser, licensed adviser, affiliate or introducer.

2. Recommendation and Quotation

Based upon the information provided, we may recommend one or more estate-planning solutions from within our service range.

Where appropriate, we will provide a written Planning Note, planning letter, recommendation, quotation or other summary identifying the proposed Services and Fees.

3. Terms and Payment Arrangements

Before you are bound by your implementation instruction, you will be provided with or given access to these Terms and the applicable Fee information.

Where available, you may be offered alternative Payment Arrangements.

4. Confirmed Instruction

Your instruction becomes confirmed when:

  • you accept these Terms; and
  • you expressly confirm that you wish us to proceed with the agreed Services and Fees.

Acceptance may be given electronically, in writing or verbally on a recorded call where the method used allows a valid agreement to be formed.

Where you want us to begin work during an applicable Cooling-Off Period, the additional requirements of Clause 5 apply.

5. Preparation and Review

We will prepare the Documents included within the agreed instruction.

Draft Documents will normally be made available through your secure client portal or provided electronically.

Unless another period has been agreed, you will ordinarily have five Business Days to review the draft and raise corrections or reasonable amendments.

During the review period, draft Documents may be marked as incomplete or draft.

If you do not respond within the review period, we may:

  • treat you as not requesting amendments at that stage;
  • progress an appropriate Document to final form;
  • place the matter on hold; or
  • close the matter in accordance with these Terms.

Failure to respond does not amount to signature or legal execution of a Document and does not remove your responsibility to check the final Document before signing.

The draft-review process is separate from your agreed Payment Arrangement and does not postpone any payment which falls due while Documents are awaiting your review, approval or signature.

6. Execution, Registration and Completion

Once Documents are approved, we will provide them for execution using the method appropriate to the relevant Document.

This may include electronic signature where legally appropriate or physical signing and witnessing where required.

Where registration or further implementation forms part of our agreed Services, that process will then be undertaken subject to completion of all Client requirements and payment of amounts then due.

3.2 Fees and Contractual Liability

Our Fees are agreed in advance and may be:

  • fixed;
  • based upon a service tier;
  • calculated on a modular basis;
  • payable by deposit and balance;
  • payable in stages;
  • payable by agreed instalments or subscription; or
  • structured in another way expressly set out in your Quotation.

A Confirmed Instruction creates a binding contract for the agreed Services and the corresponding Fees.

Accordingly, liability for the agreed Fees begins when your instruction is confirmed, subject always to:

  • any statutory cancellation rights;
  • the cancellation and termination provisions in Clause 5;
  • any variation subsequently agreed with us; and
  • any rights you have under applicable consumer law.

The point at which you become contractually responsible for Fees is separate from the date on which an individual payment becomes due.

3.3 When Payments Become Due

Payments become due in accordance with the Payment Arrangement agreed with you. Where a deposit is required, it is payable at the time stated in your Quotation or Payment Arrangement.

Unless a different Payment Arrangement has been expressly agreed in writing, where a deposit is payable on Confirmed Instruction, the remaining balance of the Fees shall become due 30 calendar days after the date of Confirmed Instruction. The applicable invoice or Fee Note will identify the payment due date.

For the avoidance of doubt, the payment due date is not conditional upon your approval, signature or execution of the Documents, registration of any Document, completion of any implementation step, or receipt of final executed Documents. A delay or failure by you to review drafts, request amendments, approve Documents, complete KYC, arrange signatures or otherwise progress your matter does not extend or suspend a payment due date which has already arisen.

Where we agree that Fees may be paid by instalments or subscription:

  • you authorise us or our payment provider to collect each payment as it falls due under the agreed Payment Arrangement;
  • you are not required merely by these Terms to authorise an immediate charge for the entire unpaid balance;
  • the Payment Arrangement governs the timing of individual collections; and
  • the existence of a Payment Arrangement does not alter the agreed scope or overall price of the Services, subject to these Terms and applicable cancellation rights.

If a payment method expires, is cancelled, is withdrawn or fails, you remain responsible for amounts properly due under the agreed Payment Arrangement.

We reserve the right to collect or recover any sum that has properly fallen due under these Terms.

3.4 Suspension for Non-Payment

If a payment which has fallen due is not made, we may suspend further work until the account is brought up to date.

Where lawful and appropriate, we may also delay:

  • finalisation or release of Documents;
  • submission of a registration application;
  • further implementation work; or
  • other Services which have not yet been completed.

Where iTrust121 Pro Limited or another professional trustee is to execute or participate in Documents, its involvement may also be subject to its separate terms and to the agreed Payment Arrangement being in good standing.

Where an amount remains unpaid after its due date, we may take reasonable steps to recover the outstanding sum, including issuing payment reminders, commencing formal pre-action correspondence and, where appropriate, bringing court proceedings. We may seek to recover any court fee, statutory interest and other amount which is lawfully recoverable in connection with such proceedings.

Nothing in this clause permits us to withhold an original executed document where we are legally required to release it.

3.5 Third-Party and Statutory Fees

Unless expressly stated otherwise in your Quotation, our professional Fees do not include Third-Party Fees.

Third-Party Fees may include, without limitation:

  • Office of the Public Guardian registration fees for LPAs;
  • HMRC or other registration charges;
  • Land Registry fees;
  • conveyancing or solicitor charges;
  • valuation or survey fees;
  • identity-verification or specialist search charges;
  • accountant, tax adviser or other professional fees; and
  • other statutory, governmental or third-party charges associated with your planning.

Where reasonably practicable, we will identify known Third-Party Fees before they are incurred.

Where we pay a Third-Party Fee on your behalf, you may be required to reimburse us before the relevant application or transaction is completed.

Third-Party Fees may change independently of iTrust121 and are charged at the rate applicable when the relevant application or service is undertaken.

3.6 Planning Notes and Appointments

Planning Notes involve substantive professional time and may be subject to the fee shown in the Fee Schedule.

Where a Planning Note is prepared as part of our ongoing planning process, the Planning Note fee will normally be waived provided you complete the agreed review process with us.

That waiver may be withdrawn where, after receiving a Planning Note, you:

  • fail to attend an agreed review appointment; and/or
  • cease responding to reasonable attempts to complete the review process.

Before withdrawing the waiver, we will provide written notice and allow at least seven days for you to contact us or rearrange the review.

You remain free to decline any recommendation following the review. Choosing not to proceed with our recommendations does not, by itself, make the Planning Note fee payable.

Telephone, video and face-to-face appointments may also be subject to the missed-appointment or late-cancellation charge shown in the Fee Schedule.

The applicable charge will be notified or made available when the appointment is arranged.

By agreeing to the appointment or Planning Note on the basis of these Terms, including verbally on a recorded call where appropriate, you acknowledge the applicable Fee Schedule.

4. CONFIRMING AND AMENDING INSTRUCTIONS

4.1 Formation of the Agreement

Your implementation instruction is confirmed when you:

  • accept these Terms; and
  • expressly confirm that you wish us to proceed with the agreed Services and Fees.

Our agreement with you is based upon:

  • the information supplied through the Legacy Review, fact-find or consultation;
  • the recommendations and discussions undertaken with you;
  • your Quotation; and
  • these Terms.

Where an applicable statutory Cooling-Off Period exists, your rights under Clause 5 continue notwithstanding that the contract has been formed.

4.2 Changes to Instructions

If you wish to change your instructions after work has begun, you must notify us as soon as reasonably possible.

Examples include:

  • changing a Will or Will Trust;
  • changing executors, trustees, attorneys or beneficiaries;
  • adding or removing assets;
  • changing the Trust framework selected;
  • altering asset values or ownership;
  • requesting additional clauses or provisions;
  • changing the intended distribution of your estate; or
  • adding further Documents or Services.

We will assess whether the change can reasonably be accommodated within the original instruction.

If a requested change affects the scope, complexity or volume of work, additional Fees may apply.

We will notify you of any additional professional Fee before carrying out additional chargeable work.

4.3 Material Amendments

Where a requested change amounts to a material alteration of the original instruction, we may require:

  • a revised recommendation;
  • a new instruction;
  • additional fact-finding;
  • a new Quotation;
  • a further deposit; or
  • preparation of replacement Documents.

Examples may include a complete change of Trust type, substantial restructuring of a Will, extensive changes to beneficiaries or asset planning, or significant redrafting after Documents have been prepared.

4.4 Timing of Amendments

You should request amendments during the draft-review stage wherever possible.

Once Documents have been:

  • approved;
  • issued for signature;
  • executed;
  • submitted for registration; or
  • otherwise implemented,

additional work may be required and further Fees may apply.

4.5 Changes in Circumstances

You must tell us promptly if any material information changes before your Documents are completed.

This includes changes affecting:

  • marriage, civil partnership, divorce or separation;
  • birth or death within the family;
  • ownership or value of significant assets;
  • residence or domicile;
  • business ownership;
  • beneficiaries;
  • executors, trustees or attorneys;
  • taxation;
  • capacity; or
  • existing estate-planning arrangements.

We are entitled to rely upon the most recent information provided by you.

5. CANCELLATION, COOLING-OFF AND TERMINATION

5.1 Before Confirmed Instruction

You may decide not to proceed with implementation at any time before giving a Confirmed Instruction.

If you do not proceed before implementation is instructed, no implementation Fee will be due.

This does not affect:

  • any Planning Note Fee properly arising under Clause 3.6;
  • any missed-appointment charge; or
  • any separately agreed chargeable Service already provided.

5.2 Statutory Cooling-Off Rights

Where applicable law gives you a statutory right to cancel, the cancellation period will ordinarily be 14 days from the date the contract is entered into.

This commonly applies to qualifying consumer contracts concluded at a distance or away from our business premises.

Your statutory rights take priority over any inconsistent provision in these Terms.

5.3 Starting Work During the Cooling-Off Period

We will not treat the fact that you have instructed us as automatically removing a statutory cancellation right.

If you want us to begin providing the Services before an applicable Cooling-Off Period has expired, you must expressly request that we do so.

Where required, that request must be made in writing or another durable medium.

Your request may include permission for us to begin activities such as:

  • technical review;
  • preparation of bespoke recommendations;
  • document drafting;
  • creation of schedules;
  • preparation of Wills, LPAs or Trust Documents;
  • administrative implementation; or
  • registration preparation.

5.4 Cancelling After Asking Us to Start Early

If:

  • you have a statutory right to cancel;
  • you expressly ask us to begin work during the Cooling-Off Period; and
  • you then validly cancel before that period expires,

you will be responsible only for the reasonable and proportionate cost of the Services supplied up to the time we are informed of your cancellation, together with any other amount lawfully recoverable.

The proportionate amount will be assessed by reference to the work actually undertaken compared with the full Services contracted for.

The fact that Documents are bespoke does not remove a statutory cancellation right where one applies.

5.5 Full Performance During the Cooling-Off Period

Where:

  • you expressly request that we begin the Services during the Cooling-Off Period;
  • you acknowledge that your statutory cancellation right will end once the Services have been fully performed; and
  • the Services are fully performed during that period,

your statutory right to cancel will end upon full performance to the extent provided by law.

5.6 How to Cancel During a Statutory Cancellation Period

You may exercise a statutory cancellation right by giving us a clear statement that you wish to cancel.

You may:

  • write to us;
  • email us using the contact details supplied in your engagement correspondence or on our website;
  • contact us through an available secure client communication channel; or
  • use the model cancellation form at the end of these Terms.

You do not have to use the model form.

Where a refund is required following a valid statutory cancellation, it will be processed in accordance with applicable law after deduction of any amount lawfully payable for Services already supplied.

5.7 Termination After the Cooling-Off Period

After any applicable statutory Cooling-Off Period has expired, you may still ask us to terminate your instruction.

Termination does not automatically cancel Fees for Services already undertaken or commitments already incurred.

The amount properly payable will be determined having regard to:

  • the work performed;
  • the stage your matter has reached;
  • substantive professional analysis undertaken;
  • the extent to which bespoke Documents have been prepared;
  • Third-Party Fees or commitments reasonably incurred;
  • work which cannot reasonably be reused for another client; and
  • the total Fees originally agreed.

Where the agreed Services have been substantially or fully performed, the amount properly due may comprise all or substantially all of the agreed Fee.

Where only part of the Services has been performed, any charge will reflect the relevant work and commitments properly undertaken.

We will not charge more than the agreed Fee for the original Services except for additional work or Third-Party Fees separately agreed or properly incurred.

A decision not to execute Documents after they have been prepared does not, by itself, mean that the drafting and professional Services have not been performed.

5.8 Termination by Us

We may suspend or terminate your instruction where reasonably necessary, including if:

  • you fail to provide information required to progress the matter;
  • you repeatedly fail to respond;
  • KYC or identity-verification requirements are not satisfied;
  • we discover material information which makes the proposed planning inappropriate;
  • your circumstances fall outside our service or technical framework;
  • there is a material concern regarding capacity, undue influence, fraud or misuse of our Services;
  • you provide information we reasonably believe to be false or misleading;
  • you behave abusively or unreasonably towards our staff or advisers;
  • amounts properly due remain unpaid; or
  • continuing to act would place us in breach of law or professional obligations.

If we terminate, the amount payable will be determined having regard to Services performed, reasonable commitments incurred and applicable law.

5.9 Delay or Failure to Complete

If, following instruction, you fail to:

  • provide required information;
  • approve or comment on Documents;
  • arrange signatures;
  • complete KYC;
  • pay sums due; or
  • take other steps necessary for completion,

we may suspend or close your matter.

Your matter may remain marked as incomplete until outstanding requirements have been satisfied.

Closure of an incomplete matter does not remove liability for Fees properly due for Services already undertaken.

6. CLIENT RESPONSIBILITIES

6.1 Full and Accurate Information

You are responsible for providing complete, accurate and up-to-date information.

We may rely upon information you provide about matters including:

  • your identity;
  • family and relationships;
  • marital or civil-partnership status;
  • children and dependants;
  • beneficiaries;
  • residence and domicile;
  • property ownership;
  • investments, pensions, insurance and other assets;
  • liabilities;
  • business interests;
  • existing Wills, Trusts and LPAs;
  • gifts and previous estate-planning arrangements; and
  • relevant tax information.

We do not accept responsibility for an unsuitable recommendation or unintended outcome caused by material information being withheld, misstated or omitted.

6.2 Cooperation

You agree to:

  • respond reasonably promptly to communications;
  • provide requested Documents and information;
  • complete identity and compliance requirements;
  • review draft Documents;
  • raise errors or omissions;
  • follow applicable signing instructions; and
  • assist with registration or implementation requirements.

We are not responsible for delay caused by your failure or that of another person involved in your planning to take required action.

6.3 Reviewing Documents

You are responsible for carefully checking draft and final Documents.

In particular, you should verify:

  • names and addresses;
  • family relationships;
  • executors;
  • attorneys;
  • trustees;
  • beneficiaries;
  • asset descriptions;
  • property details;
  • shares or percentages;
  • monetary amounts; and
  • your stated wishes and instructions.

If you identify an error or something which does not reflect your instructions, you must tell us before signing wherever possible.

6.4 Signing and Execution

You are responsible for ensuring that Documents are signed and witnessed correctly in accordance with the instructions provided.

Different Documents have different execution requirements.

You should not:

  • sign a Document until instructed or until you understand the applicable signing requirements;
  • alter an executed Document manually unless advised that it is appropriate to do so; or
  • assume that an unsigned draft has legal effect merely because it has been prepared.

We are not responsible for a failure of a Document caused by incorrect execution where the signing instructions supplied by us were not followed.

6.5 Wills

After executing a Will, you should inform us of material changes in your circumstances where you want us to review whether an update is appropriate.

Events such as marriage, divorce, births, deaths, a significant change in assets or a change in intended beneficiaries may materially affect your estate planning.

Unless an ongoing review service has been separately agreed, we do not continuously monitor your circumstances or automatically update your Will.

6.6 Lasting Powers of Attorney

You are responsible for the choice and suitability of your attorneys unless we have expressly agreed to advise upon a particular issue relating to that appointment.

The Office of the Public Guardian may:

  • raise queries;
  • reject an incorrectly completed application;
  • require further information;
  • change its fees;
  • alter its processing times; or
  • otherwise determine the registration process.

We cannot guarantee the time taken by the Office of the Public Guardian to register an LPA.

6.7 Trust Implementation

Where Trust planning requires property or other assets to be settled, assigned, designated or otherwise dealt with, you are responsible for completing any action allocated to you.

Unless expressly included within the Services, the preparation of a Trust deed does not mean that:

  • property title has been transferred;
  • investments have been assigned;
  • insurance policies have been placed into Trust;
  • bank accounts have been changed;
  • business assets have been transferred; or
  • a registration has automatically been completed.

We will identify implementation steps forming part of our agreed Service where appropriate.

6.8 iTrust121 Pro Limited and Professional Trustees

Where iTrust121 Pro Limited or another professional trustee is appointed, that appointment and ongoing trustee relationship may be subject to separate terms and fees.

iTrust121 Limited and iTrust121 Pro Limited are separate legal entities.

The professional trustee may have its own:

  • KYC requirements;
  • acceptance procedures;
  • governance obligations;
  • signing requirements; and
  • ongoing charges.

6.9 KYC and Identity Verification

You must complete our Know Your Client and identity-verification procedures.

This may include providing:

  • photographic identification;
  • proof of address;
  • source-of-funds or source-of-wealth information where appropriate; and
  • other information reasonably required for compliance purposes.

We may pause or terminate an instruction if these requirements are not satisfied.

7. NATURE OF ADVICE, WARRANTIES AND DISCLAIMERS

7.1 Reasonable Care and Skill

We will provide the Services with reasonable care and skill.

Nothing in these Terms removes or reduces any statutory rights which cannot lawfully be excluded or restricted.

7.2 Estate-Planning and Legal Guidance

We provide estate-planning and legal-document guidance within the scope of the Services we offer.

This may include:

  • identifying planning considerations;
  • explaining estate-planning structures;
  • helping you select an appropriate solution from our service range;
  • preparing Documents using established legal frameworks; and
  • tailoring Documents to the information and instructions supplied.

Our standard estate-planning and Trust drafting frameworks have been developed and reviewed with appropriately qualified legal professionals.

Where your circumstances require specialist legal advice, reserved legal activity or drafting outside our established framework, we may require the involvement of an appropriately authorised professional.

We do not represent that iTrust121 Limited is a solicitors' practice or an SRA-regulated law firm.

7.3 Financial and Investment Advice

We do not provide regulated financial or investment advice and do not undertake regulated investment activities under the Financial Services and Markets Act 2000.

Where your planning involves:

  • investments;
  • pensions;
  • regulated insurance;
  • investment transfers; or
  • regulated financial products,

you should obtain advice from an appropriately authorised adviser where required.

7.4 Tax Guidance

As part of our estate and Trust planning Services, we may provide general or planning-specific tax guidance concerning the potential tax treatment of arrangements being considered.

Where more detailed analysis is required, we may offer a separate iTrust121 Tax Report or arrange specialist input under a separate instruction and Fee.

Detailed reports may be prepared or reviewed with appropriately qualified external tax specialists where appropriate.

Tax guidance does not amount to investment advice.

Tax outcomes depend upon:

  • individual circumstances;
  • information supplied;
  • legislation;
  • case law;
  • HMRC practice; and
  • future events.

No particular tax result can be guaranteed.

7.5 Reliance on Information Provided

Our recommendations and Documents are based upon information you provide.

Unless expressly agreed otherwise, we do not independently audit or verify your:

  • asset ownership;
  • valuations;
  • tax records;
  • family information;
  • financial statements; or
  • previous legal documentation.

Where verification is important to the planning, we may request documentary evidence or recommend specialist advice.

7.6 No Guarantee of Outcome

Estate planning cannot eliminate all future legal, tax or financial uncertainty.

We do not guarantee:

  • that a Will, Trust or other Document will never be challenged;
  • that HMRC, a local authority, court or other public body will accept a particular interpretation;
  • that legislation or tax treatment will remain unchanged;
  • that a particular tax saving will arise;
  • that future trustees, executors or attorneys will exercise their powers in a particular way; or
  • that assets will retain their value.

7.7 Changes in Law and Circumstances

The Services are based upon the law, practice and information reasonably available when the relevant work is undertaken.

Unless an ongoing review service has been separately agreed, we are not responsible for continuously monitoring:

  • future legislation;
  • HMRC practice;
  • case law;
  • changes in statutory forms;
  • changes in your family circumstances; or
  • changes in your assets.

You should periodically review your estate planning, particularly following a significant personal or financial event.

7.8 Third-Party Decisions

We cannot control decisions or processing undertaken by:

  • the Office of the Public Guardian;
  • HMRC;
  • HM Land Registry;
  • courts;
  • financial institutions;
  • insurers;
  • investment providers;
  • local authorities;
  • solicitors or conveyancers;
  • accountants;
  • trustees; or
  • other independent third parties.

Any estimate of third-party processing time is therefore indicative only.

8. INTELLECTUAL PROPERTY AND USE OF DOCUMENTS

8.1 Our Intellectual Property

The underlying intellectual property in our:

  • document templates;
  • drafting architecture;
  • clause libraries;
  • Trust frameworks;
  • planning methodologies;
  • Letters of Wishes frameworks;
  • schedules;
  • explanatory materials;
  • training systems;
  • workflows;
  • software logic; and
  • associated materials

remains owned by iTrust121 Limited or is used by us under appropriate licence.

8.2 Your Right to Use Your Documents

Once supplied to you for completion or use, you may use your final Documents for the personal estate-planning purpose for which they were prepared.

You may retain, copy and provide them to people or organisations who reasonably need them for that purpose, including:

  • family members;
  • executors;
  • trustees;
  • attorneys;
  • witnesses;
  • beneficiaries where appropriate;
  • solicitors;
  • accountants;
  • tax advisers;
  • financial advisers;
  • banks and financial institutions;
  • insurers;
  • HMRC;
  • HM Land Registry;
  • the Office of the Public Guardian; and
  • courts or other public authorities.

Your personal and factual information contained in the Documents remains your information.

8.3 No Commercial Reuse

You may not, without our written permission:

  • use our Documents as templates for another person's planning;
  • commercially reproduce or resell them;
  • extract or reproduce our clause libraries;
  • reverse-engineer our drafting architecture;
  • create competing derivative products from our materials;
  • provide our templates to another provider for commercial replication; or
  • distribute our proprietary materials publicly.

8.4 Advisers and Intermediaries

Advisers, introducers, affiliates, intermediaries and other commercial organisations are not authorised to reproduce or adapt iTrust121's proprietary drafting frameworks for other clients unless expressly licensed by us.

8.5 Protection of Intellectual Property

We reserve all rights and remedies available to us in respect of unauthorised commercial copying, reproduction or exploitation of our intellectual property.

9. LIMITATION OF LIABILITY

9.1 Standard of Responsibility

We are responsible for loss which is a reasonably foreseeable consequence of our breach of contract or failure to exercise the standard of care required by law.

We are not responsible for loss which was not caused by our breach or which was not reasonably foreseeable when the contract was entered into.

9.2 Matters Outside Our Responsibility

Subject always to your statutory rights, we are not responsible for loss caused by:

  • inaccurate, incomplete or misleading information supplied to us;
  • material information withheld from us;
  • failure to execute Documents correctly;
  • failure to implement a recommended asset transfer or registration;
  • alteration of Documents after they have been supplied;
  • actions or omissions of executors, trustees, attorneys or beneficiaries;
  • independent advice or services supplied by third parties;
  • delays or decisions by public bodies;
  • future changes in legislation, taxation or case law;
  • investment or asset performance; or
  • your failure to act upon an agreed implementation requirement.

9.3 Third-Party Services

Where we refer you to an independent third-party professional who contracts directly with you for work outside our Services, that professional is responsible for that work under their own terms. Where we engage a third party as our subcontractor in delivering our Services, this does not exclude or reduce any responsibility we have to you under applicable law.

9.4 Business Losses

Where you engage us as a Consumer, the Services are provided for private estate-planning purposes and we are not responsible for losses arising solely from commercial or business activities which were not part of the agreed purpose of the Services.

Where you engage us wholly in the course of business, then, to the maximum extent permitted by law, we will not be liable for indirect or consequential business loss, loss of profit, loss of revenue or loss of goodwill unless expressly agreed otherwise.

9.5 Liability Which Cannot Be Excluded

Nothing in these Terms excludes or limits liability:

  • for death or personal injury caused by negligence;
  • for fraud or fraudulent misrepresentation;
  • for breach of a statutory right which cannot legally be excluded;
  • for any other liability which cannot lawfully be excluded or restricted.

10. DATA PROTECTION AND CONFIDENTIALITY

10.1 Data Processing

We collect and process personal data where necessary to:

  • provide the Services;
  • prepare estate-planning Documents;
  • administer your account;
  • perform identity and compliance checks;
  • communicate with relevant parties;
  • process payments;
  • arrange registrations; and
  • meet legal and regulatory obligations.

Depending upon the circumstances, our lawful bases may include contractual necessity, legal obligation, legitimate interests and consent where required.

Further information is contained in our Privacy Policy.

10.2 Confidentiality

We will treat information supplied by you as confidential and will disclose it only where reasonably necessary, including:

  • to perform the Services;
  • to communicate with a person involved in your planning;
  • to an adviser or introducer where necessary for your matter and permitted by law;
  • to iTrust121 Pro Limited or another proposed trustee where applicable;
  • to professional legal, tax, accounting or compliance advisers;
  • to registration bodies or public authorities;
  • where authorised by you; or
  • where disclosure is required by law.

10.3 Third-Party Information Supplied by You

Estate planning frequently requires information about other individuals, including beneficiaries, family members, attorneys, trustees and executors.

Where you provide personal information about another person, you confirm that you are providing it for the legitimate purpose of preparing or implementing your estate planning.

We will process such information only in accordance with applicable data-protection requirements.

10.4 Service Providers

We may use trusted service providers in connection with matters including:

  • secure document storage;
  • client portals;
  • electronic signatures;
  • payment processing;
  • identity verification;
  • professional review;
  • document production; and
  • registration or administration.

We require service providers handling personal data on our behalf to comply with applicable data-protection requirements.

10.5 Document and Data Retention

We will retain personal data and estate-planning records for the periods reasonably required for legal, compliance, professional and business purposes and in accordance with our Privacy Policy.

Availability of Documents through a client portal is subject to the terms and technical availability of that service.

10.6 Marketing

We will send direct marketing communications only where we have a lawful basis to do so.

Where marketing is based upon your consent, you may withdraw that consent at any time.

11. INTRODUCERS AND COMMISSIONS

If you were introduced to iTrust121 by a third party, including a:

  • financial adviser;
  • accountant;
  • solicitor;
  • Will writer;
  • estate planner;
  • licensed adviser;
  • affiliate; or
  • other introducer,

we may have a commercial relationship with that party. We may pay a referral commission or revenue share from our own Fees. Unless expressly stated otherwise, that arrangement does not increase the Fee quoted to you. An introducer is not authorised to vary these Terms or bind iTrust121 to a representation which we have not approved.

We are not responsible for separate advice, statements or representations made independently by an introducer before your engagement with us. If you require further information about the nature of an introducer arrangement, you may ask us or the introducer.

12. COMPLAINTS

12.1 Raising a Complaint

We are committed to providing a high standard of service.

If you are dissatisfied with any aspect of the Services, please tell us as soon as reasonably possible so that we have the opportunity to investigate and address your concerns.

A complaint may be made:

  • in writing to our registered office;
  • by email using the contact details published on our website or provided in your engagement correspondence; or
  • through another complaints channel made available by us.

Please provide sufficient information to allow us to understand the nature of the complaint and the outcome you are seeking.

12.2 Complaints Procedure

We will acknowledge, investigate and respond to complaints in accordance with our current Complaints Policy and procedure.

A copy of our Complaints Policy is available:

  • on our website; or
  • on request.

We may ask you for additional information where reasonably necessary to investigate the complaint.

12.3 Statutory Rights

Making a complaint under our internal procedure does not affect any statutory right or other remedy available to you.

Nothing in these Terms suggests that iTrust121 Limited is regulated by, or subject to the jurisdiction of, a professional complaints or ombudsman scheme unless that scheme actually applies to the relevant Service.

13. GENERAL TERMS

13.1 Governing Law and Jurisdiction

These Terms and any dispute or claim arising from them or the Services are governed by the laws of England and Wales.

If you are a Consumer, you may bring proceedings in the courts of England and Wales or, where applicable, the courts of the part of the United Kingdom in which you reside.

If you engage us wholly in the course of business, the courts of England and Wales shall have exclusive jurisdiction unless agreed otherwise.

13.2 Entire Agreement

These Terms, together with:

  • your Quotation;
  • any accepted service schedule;
  • any applicable Payment Arrangement or subscription agreement;
  • our Privacy Policy; and
  • any other document expressly stated to form part of our agreement,

constitute the agreement between you and iTrust121 in respect of the Services.

13.3 Priority of Documents

If there is an inconsistency:

  • a specific Quotation or service schedule will take priority in relation to the particular Services and Fees expressly stated in it; and
  • these Terms will otherwise govern the general relationship between you and us.

Nothing in another document overrides a statutory consumer right unless the law permits it.

13.4 Assignment

You may not transfer your contractual rights or obligations to another person without our written agreement.

We may assign or transfer rights or delegate administrative functions where reasonably required for legitimate business or service-delivery purposes, provided this does not reduce your statutory rights.

13.5 No Waiver

If we do not immediately exercise a right under these Terms, this does not mean that we have waived that right.

A waiver in one situation does not automatically apply to another.

13.6 Severability

If any provision of these Terms is found to be unlawful, invalid or unenforceable, the remaining provisions will continue to apply so far as legally possible.

13.7 Communications and Notices

We may communicate with you using:

  • email;
  • post;
  • telephone;
  • secure client portal;
  • text or messaging service where appropriate; or
  • another contact method you have agreed to use.

You are responsible for keeping your contact details up to date.

Any formal notice required under these Terms may be sent to the most recent postal or electronic address supplied by the relevant party, subject to any mandatory legal requirement concerning service.

13.8 Electronic Records and Acceptance

Where legally permitted, we may use electronic records, electronic acceptance and electronic signatures in connection with our Services.

Some estate-planning Documents have specific statutory execution requirements and may require physical signatures or witnessing notwithstanding this clause.

13.9 Changes to These Terms

We may update these Terms from time to time.

A later version will not retrospectively alter the terms governing an existing instruction unless:

  • you agree to the change; or
  • the change is required by law and lawfully applies to the existing arrangement.