Client name and address:
Terms of Business (TOB)
New Leaf (WWF) Ltd. are keen to ensure that each New Leaf Adviser delivers their services to the highest standards within the profession and in compliance with their code of conduct, which includes providing each client with this TOB letter.
The purpose of your TOB is to explain the rights and obligations of your New Leaf Adviser and toyou the client, when entering into a mutually binding contract for a Will (or a trust written in a will), LPA or Trust the terms of which will be governed by English law.
The New Leaf Adviser’s obligations:
A. New Leaf Advisers usually operate a two visit process, the first of which will be to take your written instructions and agree terms and prices. Prior to that meeting he/she will have provided you with information guides and instruction form(s) to complete. In some cases this may not be appropriate and will depend upon the case and timescales available.
B. The second visit is to deliver your completed documents, explain them to you, and check they meet your requirements. If also agreed the Adviser will supervise the signing of the documents with your chosen witnesses, and where required act as your Certificate Provider.
C. Any advice given by your New Leaf Adviser is based on his/her understanding of current law, practices and procedures and he/she is not responsible for any consequences arising from any future changes in law, practices or procedures.
D. Your New Leaf Adviser reserves the right to withdraw from any transaction if she/he is unable to complete this in whole or in part, but in so doing will notify you, and you will not be liable to pay any fees.
E. The costs of correcting any error or omission caused by your New Leaf Adviser shall be borne entirely by the New Leaf Adviser.
F. Your New Leaf Adviser will retain a permanent copy (electronic/digital and/or paper) of your signed instruction form(s). It will be the clients responsibility to retain their Will and or LPA(s) and for this purpose professional storage is strongly recommended.
Your obligations:
- It is desirable prior to the New Leaf Adviser’s first visit you will have confirmed that you have full details to hand of your nominated executors, attorneys and beneficiaries.
- The New Leaf Adviser is not responsible for any consequences or losses arising from inaccurate or incomplete information provided by you.
- You will be liable for any re-write of any document, or similar expense your New Leaf Adviser incurs from any omission or error on your part.
- To read through the completeddocuments provided and to confirm that they correctly reflect your wishes and the accuracy of all information provided.
- If you agree to use an attestation service offered by your New Leaf Adviser, you need to arrange for the witnesses to be present. Your New Leaf Adviser reserves the right to make a reasonable charge for waiting time in the event that people are not present when required.
- Where documents have to be sent to other parties for signature, such as your LPA Attorney forms, it will be the client’s responsibility to ensure their speedy return. Any such delays that prevent the New Leaf Adviser from fulfilling any pre-agreed time schedule will be the responsibility of the client.
Timescales
Your New Leaf Adviser is committed to providing your documents in a timely manner, but special arrangements can be negotiated between you and the Adviser if a faster delivery time is required.
Complaints
a)If you are not happy with any aspect of service provided by the New Leaf Adviser, you should first of all contact The Compliance Manager, New Leaf (WWF) Ltd., in writing at the following address: New Leaf (WWF) Ltd., 1st Floor Princess Caroline House, 1 High Street, Southend on Sea, Essex SS1 1JE
b)The Compliance Manager will acknowledge your letter within 7 working days of receipt and then investigate the circumstances of your complaint and write to you with the results of his investigation within a further 28 days.
c)These complaints procedures do not prevent you from seeking other means of redress.
Nature and Description of Instructions Given:Timescale agreed Upon (if any): / Price(s) Agreed Upon
Total:£
Deposit Paid:£
Balance:£
Special or additional instructions:
I/We agree to the above terms and conditions, and also confirm that the description of my/our instructions is correct and I/we request that the New Leaf Adviser proceeds with my/our instructions.
……………………………………………………………………………(New Leaf Advisers name) may commence
work on ………………………………………………(date), before my cancellation period has expired. Cancellation rights are noted overleaf.
I/we understand that if I decide to cancel within fourteen days, I/ we may be asked to pay for any work that has been carried out prior to my cancellation.
Signed ………………………………………………………Date………………………………………….
Signed ………………………………………………………Date………………………………………….
Notice of Right to Cancel the Contract
(The New Leaf Adviser should complete the top half of this form. If the client wishes to exercise his/her right to cancel the contract, the lower portion should be completed, detached and returned to the New Leaf Adviser). The client should retain this section of the form.
Date of Issue:
Name and address of New Leaf Adviser
Contract Reference No/Order no/or description of contract
Name and address of person to whom the Cancellation Notice may be given, or
an email address to which it may be sent.
Client Cancellation Rights
You have the right to cancel this contract if you wish; within fourteen calendar days starting on the day this Notice of Right to cancel is issued. Cancellation should be communicated in writing or by email to the person shown above.
The bottom of this form may be used to exercise this right and can be issued in person or sent by post – in which case you should obtain a Certificate or Posting or Recorded Delivery slip. You are advised to take a copy of the cancellation notice before returning it to the New Leaf Adviser.
Work begun prior to the expiry of the cancellation period
If you have agreed in writing that work will commence before the fourteen day cancellation period expires, and you subsequently cancel in accordance with your rights, you are advised that reasonable payment may be due for any work carried out. You are asked to confirm in writing that work may commence before your cancellation period expires.
Cancellation Notice
(Complete, detach and return this portion of the form ONLY IF YOU WISH TO CANCEL
THE CONTRACT)
To:
(New Leaf Adviser to insert name and address of person to whom notice may be given.)I/We (delete as appropriate) hereby give notice that I/we wish to cancel my/our contract.
Signed………………………………………………………………………………………………..
Date ……………………………………….