Terms and Conditions

Effective date: 17 July 2026 

1. About Ecarg

Ecarg Financial Solutions Ltd (company number 09075960), trading as Ecarg Wills & Trusts, is a company registered in England and Wales. Our registered office and contact details appear at the end of these terms. We are a member of the Society of Will Writers and aim to follow its Code of Practice and Client Charter.

We are not a firm of solicitors and use of our website does not create a solicitor-client relationship. Where a separate regulated insurance or financial service is offered, the relevant status, provider documentation and terms will be explained separately.

2. When these terms apply

These terms apply to consumers who instruct us online, by telephone, during a home visit or at business premises. “You” means the person or people named as client in the engagement documents. Website-only visitors should also read sections 16 to 19 and our Website Disclaimer.

3. How a contract is formed

A consultation, booking or quotation does not by itself oblige either party to proceed. A contract is formed when we confirm acceptance of your instruction after receiving the information, approvals and payment specified in our engagement documents. We may decline an instruction where there is a conflict, capacity or safeguarding concern, the work is outside our competence, or another reasonable professional ground applies.

4. Scope of services

The agreed scope will be described in writing. It may include wills, lasting powers of attorney, trusts, document storage, National Will Register services, estate-planning guidance or related protection services. Work not expressly included is outside scope and may require a separate quotation and contract.

Unless expressly agreed, our service does not include litigation, probate administration, conveyancing, independent tax or investment advice, accountancy, valuation, foreign-law advice or advice on the law outside England and Wales. We may recommend that you obtain specialist advice.

5. Your responsibilities

  • Give complete, accurate and timely information, including relevant family, asset, liability, ownership, tax, residency and previous-document details.

  • Tell us if you are under pressure from another person, need communication adjustments, or have any condition or circumstance relevant to understanding and giving instructions.

  • Review drafts and summaries carefully, ask questions, and confirm that names, wishes and details are correct.

  • Follow signing, witnessing, registration and storage instructions. A will, power or other document may be ineffective if it is not correctly completed or executed.

  • Keep us informed of changes before completion and review your arrangements after significant life, family, financial, residence, tax or legal changes.

  • Pay fees and third-party charges when due and attend or rearrange appointments with reasonable notice.

6. Joint clients, confidentiality and conflicts

Where we act for joint clients, each normally authorises us to share with the other information relevant to the joint instructions. We cannot usually keep material information from one joint client secret from the other. If interests diverge, confidentiality is requested, or a conflict arises, we may have to stop acting for one or all clients and recommend independent advice. Each client must provide instructions freely and understand the effect of the proposed documents.

7. Drafting support and third parties

We may use WillPack or another approved drafting support provider and other specialist suppliers. We remain responsible for the service we have agreed to provide, but a third party may also supply a distinct service under its own terms. External registration, search, storage, payment, insurance, government or professional-body processes are subject to their own rules and timescales.

8. Fees, VAT and third-party charges

Fees, any applicable VAT, payment stages and known third-party charges will be set out before instruction or in the engagement documents. Unless stated otherwise, quoted fees cover the agreed scope and a reasonable number of amendments needed to reflect the original instructions. New instructions, significant changes, extra meetings, specialist work or work caused by incomplete or inaccurate information may be charged separately after we explain the basis of the charge.

We may pause work while a payment is overdue. Third-party fees already paid or irreversibly committed on your authority may be non-refundable, except where law or the third party’s terms require otherwise.

9. Timing and client approval

Any completion date is an estimate unless we expressly agree a guaranteed deadline in writing. Timing depends on complete instructions, your review, payment, third-party response times and capacity or safeguarding checks. We will tell you about material delays. You are responsible for checking and approving the final draft before execution.

10. Execution, registration and storage

We will provide reasonable instructions for signing and witnessing. We are not responsible for a document being invalid because instructions were not followed, information supplied was wrong or incomplete, or an event occurred after our work without us being told. Where registration is required, including with the Office of the Public Guardian, registration fees and processing times may be outside our control.

Document storage and National Will Register services, if selected, may have separate conditions, charges and renewal arrangements. Registration records the existence or location of a will; it does not itself prove validity or replace safe storage of the signed original.

11. Changes in law or circumstances

Our advice is based on the information available and law and practice at the time the work is completed. We do not have a continuing duty to update completed work unless a review service is expressly agreed. You should arrange a review after major changes and periodically thereafter.

12. Cancellation, termination and refunds

Your cancellation rights and our refund approach are in the Refund and Cancellation Policy, which forms part of these terms. Either party may terminate where the other materially breaches the contract and does not remedy the breach within a reasonable time, or where continuing would be unlawful, unsafe, professionally improper or impracticable. On termination, you must pay for work fairly performed and authorised non-recoverable costs, subject to your statutory rights.

13. Complaints and professional standards

If you are unhappy, please contact us promptly. We will provide our written Complaints Procedure, investigate fairly and tell you the outcome. If we cannot resolve the complaint, you may be able to refer it to the Society of Will Writers under its complaints process. This does not affect your right to use any court, ombudsman, regulator or alternative dispute resolution route available by law. Details are available at willwriters.com/public/making-a-complaint/.

14. Our responsibility to you

We will provide the agreed service with reasonable care and skill. Nothing in these terms excludes or limits liability where it would be unlawful to do so, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or your statutory consumer rights.

Subject to the previous paragraph, we are responsible for reasonably foreseeable loss directly caused by our breach of contract or negligence. We are not responsible for loss caused by inaccurate or withheld information, failure to follow instructions, unauthorised alteration of documents, events or changes after completion, or delay or failure by an independent third party beyond our reasonable control. We are not liable for business losses arising from a consumer contract.

15. Events beyond reasonable control

Neither party is responsible for delay or failure caused by an event beyond reasonable control, provided the affected party takes reasonable steps to limit the effect and resumes performance when practicable. Your payment obligations for work already performed are not excused.

16. Website use and intellectual property

Website content is provided for general information and may be changed or withdrawn. You may view and print reasonable extracts for personal, non-commercial use. Unless stated otherwise, Ecarg or its licensors own the website content, branding and materials. You must not reproduce, sell, scrape, misuse or present them as professional advice without permission.

17. Privacy and communications

We use personal information as described in our Privacy Policy and Cookies Policy. You agree that we may communicate using the contact details you provide. Email and ordinary internet communications carry inherent security risks; tell us if you require a particular communication method.

18. General legal terms

If part of these terms is unenforceable, the rest continues. A delay in enforcing a right is not a waiver. No person other than the client and Ecarg may enforce this contract under the Contracts (Rights of Third Parties) Act 1999, except where a service-specific term expressly says otherwise. We may update website terms prospectively; changes to an existing client contract require a lawful basis and appropriate notice or agreement.

19. Governing law and courts

These terms and any dispute are governed by the law of England and Wales. If you are a consumer resident elsewhere in the United Kingdom, you retain any mandatory protections and may usually bring proceedings in the courts of the part of the UK where you live. Otherwise, the courts of England and Wales have jurisdiction.

20. Contact

Ecarg Financial Solutions Ltd, trading as Ecarg Wills & Trusts, company number 09075960. Registered office: 3 Hatters Lodge 1, Ingrebourne Avenue, Romford, England, RM3 9GS. Email: Deborah@ecargwillsandtrusts.co.uk. Telephone: 07366 123751. Website: www.ecargwillsandtrusts.co.uk.

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