Service terms & conditions

Legal

Company

These terms and conditions ("Agreement") govern the provision of probate and estate administration services ("Services") by Trustestate ("Company") to the client ("Client" or "You"). By engaging our Services, you agree to be bound by the terms and conditions outlined below.

Scope of Services

The Company has developed an online platform for offering probate and estate administration services. All Clients will receive support from the Company’s experts throughout the process.

The Company's obligations are limited to providing professional services and  guidance and do not extend to legal representation. As such, no lawyer/client relationship is formed, should legal representation be required, we strongly recommend seeking the services of a qualified solicitor. All reserved legal activity required by our clients, such as probate, will be administered by our legal partner.

The Company retains the discretion to reject applications on the use of its service for any reason, including where the estate or Client's circumstances are sufficiently complex that it requires specific legal advice.

Client responsibilities

  1. The client believes they have, or are entitled to obtain, legal authority to administer the estate of the person who died.
  2. The Client agrees to provide accurate and complete information and documentation relevant to the estate administration process.
  3. The client must not be aware of any disagreement about the administration of the estate and agrees to immediately inform the company if any dispute arises.
  4. The Client agrees to respond to requests for additional information or any other reasonable requests promptly.
  5. The Client acknowledges that any failure to provide accurate or complete information may result in delays or errors in the administration process.
  6. To use the services of Trustestate, the Client must be aged 18 or over and have the capacity to enter into a legally binding agreement.

Fees and Payment

  1. The Client agrees to pay the Company the fees specified in the quotation, which will be provided prior to commencing any work.
  2. The quotation provided by the Company is based on the information and data provided by the Client regarding the estate. If the information is found to be incorrect or incomplete, the Company will raise the matter with the Client and agree on a new fee before proceeding. At this point, the Company or Client may choose to terminate the contract. If termination occurs, the Client agrees to pay the proportionate amount of the fee based on the work carried out until that point.
  3. For cases referred to our legal partner, separate terms and conditions will apply, and the Client will contract directly with the law firm instructed.
  4. To provide probate and estate administration services, the Company may engage third parties or specialists for certain services.
  5. To provide probate and estate administration services, the Company may engage third parties or specialists for certain services. The fees for such third party services (referred to as "Disbursements") will be in addition to the Company’s fees, and the Client agrees to pay for such services.
  6. The Client consents to sharing of relevant personal and other information with our legal partner, and other third parties or specialists for the provision of these services.

Payment

  1. The Client recognises that they are responsible for all fees incurred through the use of Company services, and not the Estate, notwithstanding the Client's right to expense such fees as deductible expenses from the Estate.
  2. Where The Client enlists The Company for ‘Complete Probate’ services, The Client authorises the Company to use the funds received from the administration of the estate for the purpose of covering the Company’s services and any Disbursements incurred.
  3. Where cases are referred to our Legal Partner, fees incurred should be paid directly to them.
  4. If funds in the estate are insufficient to cover the Company’s fees, Disbursements, and any other anticipated or outstanding expenses, the Client recognises they shall be responsible for making the full payment within 14 calendar days of notification.
  5. Late payments may incur interest charges or result in the suspension or termination of Services.

Client money

  1. Any Estate funds held by the Company on your behalf will be kept in a separate account segregated from the Company's funds. These Estate funds will not be available to creditors in the event of the Company's winding up.
  2. Where the Client has enlisted the Company for ‘Complete Probate’ services, any Estate funds will be maintained in segregated accounts by Trustestate and the Legal Partner.

Confidentiality

  1. The Company agrees to maintain the confidentiality of all information provided by the Client, except as required by law or with the explicit consent of the Client.
  2. The Company will retain any personal data that you provide and documents that you have created for as long as is necessary for us to provide the relevant service and for our own legal and administrative purposes. In some cases, this may require documents to be held indefinitely.
  3. The Client recognises that they are responsible for keeping their account information and access credentials secure.

Data processing

  1. The Company is registered with the ICO under the Data Protection Register, our registration number is ZB598183.
  2. The Company ensures that all Client personal data is processed lawfully. A Client’s subject access right can be exercised in accordance with data protection laws and regulations. Any subject access request must be made in writing to dpo@trustestate.co.uk. The Company will provide the Client with their personal data within the statutory time frames. To enable the Company to trace any of the Client’s personal data that the Company may be holding, The Company may need to request further information from the Client.

Disclosure to third parties

The Client authorises Trustestate to the sharing of relevant personal information with third parties or specialists to provide further information and offers that Trustestate believe you may find useful or interesting, including newsletters, marketing or promotional materials and other information on services and products offered by us or third parties.

Limitation of Liability

  1. The Company will exercise reasonable care and skill in providing the Services. However, the Client acknowledges that the Company's liability is limited to the value of the fees paid for the Services.
  2. The Company shall not be liable for any indirect, incidental, or consequential damages arising out of or in connection with the Services provided.
  3. Distribution or payment(s) of funds to beneficiaries in accordance with a will or applicable intestacy laws is conditional on, and subject to determinations of tax liability made by HMRC (if relevant).

Cancellation

  1. Either party may terminate this Agreement by providing written notice to the other party.
  2. In the event of cancellation, the Client agrees to pay for all Services provided up to the date of cancellation.

Governing Law and Jurisdiction

  1. This Agreement shall be governed by and construed in accordance with the laws of England and Wales.
  2. Any disputes arising from this Agreement shall be subject to the exclusive jurisdiction of the courts of England.

Satisfaction

Customer satisfaction is very important at Trusestate. If you are unsatisfied with any part of your experience, please contact support@trustestate.co.uk.