Legal Notice
Terms and Conditions for Fortress Estate Planning
1. Introduction and Acceptance
1.1. The Service Provider: These Terms and Conditions ("T&Cs") govern the provision of estate planning services by Fortress estate Planning (referred to as "the Firm," "we," "us," or "our"), whose registered office is 98 Windsor road Carlton in Lindrick
1.2. The Client: These T&Cs apply to you, the client (referred to as "the Client" or "you"), from the date you instruct us to proceed with the work.
1.3. Acceptance: By instructing the Firm to provide services, you agree to be bound by these T&Cs. These T&Cs, together with our engagement letter/client care letter, constitute the entire agreement between the Firm and the Client.
2. Scope of Services
2.1. Services Provided: The Firm will provide the estate planning services as detailed in the accompanying engagement letter (e.g., Will drafting, Lasting Power of Attorney (LPA) preparation, Trust planning, Inheritance Tax advice).
2.2. Limitations: The scope of our instruction is strictly limited to the services defined in the engagement letter. We are not responsible for:
a. Providing advice on matters outside of UK law.
b. Providing financial advice, investment advice, or tax advice beyond the scope of inheritance tax planning as specifically agreed.
c. Reviewing or advising on assets, liabilities, or circumstances that were not disclosed to us by the Client.
2.3. Reliance: Our advice is based solely on the facts and information provided by you. We will rely on the information and documents you provide as being accurate, complete, and truthful.
3. Client Responsibilities
3.1. Provision of Information: You agree to provide us with all necessary information, instructions, and documents promptly, fully, and accurately, and to notify us of any changes to your circumstances or information provided.
3.2. Review of Documents: You are responsible for carefully reviewing all draft documents (e.g., Wills, LPAs) to ensure they accurately reflect your wishes, and for notifying us of any errors or required amendments.
3.3. Execution: You are solely responsible for the proper and legal execution (signing and witnessing) of all final documents, unless we have specifically agreed in writing to supervise the execution. Improper execution may render the documents invalid.
4. Fees and Payment
4.1. Basis of Fees: Our fees are calculated on a [Fixed Fee / Hourly Rate] basis, as specified in the engagement letter.
4.2. Disbursements: You will be responsible for reimbursing us for all reasonable expenses and disbursements incurred on your behalf (e.g., Land Registry fees, LPA registration fees payable to the Office of the Public Guardian (OPG)).
4.3. Payment Terms: Payment of our fees and estimated disbursements is due [e.g., upon instruction / 50% upon instruction and balance upon completion / within 14 days of invoice]. We reserve the right to cease work until payment is received.
4.4. Cancellation: If you cancel your instructions after the work has commenced, you will be liable for a proportion of the fixed fee reflecting the work completed up to the date of cancellation, or for our time spent calculated at our standard hourly rates, plus any disbursements already incurred.
5. Confidentiality and Data Protection
5.1. Confidentiality: We will keep your affairs confidential and will not disclose information relating to your business or personal affairs to any third party, except as required by law, by our regulators, or as authorised by you.
5.2. Data Protection: We process personal data in compliance with the UK General Data Protection Regulation (GDPR) and the Data Protection Act 2018. Please refer to our separate Privacy Policy for full details on how we collect, use, and store your personal data.
6. Storage of Documents
6.1. Document Storage: Unless otherwise agreed in writing, we will retain the original executed documents (e.g., Wills, LPAs) [e.g., free of charge in our secure, fireproof facility / for an annual fee] for safekeeping.
6.2. Liability for Storage: While we take all reasonable steps to ensure the security of stored documents, we are not liable for loss or damage caused by events outside our reasonable control (e.g., fire, flood, theft).
7. Complaints and Termination
7.1. Complaints Procedure: If you have a complaint, please contact [Name/Title of Complaints Partner or Director]. We have a formal complaints procedure, which is available upon request.
7.2. Termination: You may terminate our engagement at any time by giving us written notice. We may terminate our engagement by giving you reasonable written notice if, for example, there is a conflict of interest, you fail to pay our fees, or you fail to provide us with adequate instructions.
8. Limitation of Liability
8.1. Limit: Our total liability to you for any loss or damage (whether in contract, tort, negligence, breach of statutory duty, or otherwise) arising out of or in connection with the services provided shall not exceed the limit specified in the engagement letter, or if no limit is specified, [e.g., a figure representing a reasonable level of professional indemnity insurance cover, e.g., £2,000,000].
8.2. Exclusion: We shall not be liable for any indirect or consequential loss, or for any loss caused by the provision of false, misleading, or incomplete information by you.
9. Governing Law
9.1. Jurisdiction: These T&Cs and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales, and the parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim.