KEY FEATURES OF YOUR PROBATE PLAN AND PAYMENT OPTIONS
1.1 The definitions we use in your Probate Plan can be found at Section 8. Your Probate Plan covers the provision Probate Services (Section 5). A Probate Plan is not available to you if you normally reside outside of England, Wales, Scotland or Northern Ireland.
1.2 You may choose from two different payment options for your Probate Plan:
1.2.1 the Single Payment Option where the Amount Payable is paid in a Single Payment to the Fund on the basis that the Fund will make an administration payment to us and retain the balance for your Probate Services as detailed in Section 2; 1.2.2 the Single Payment can be spread up to 1 year by Direct Debit Mandate.
1.3 Your Payment:
1.3.1 your payment will be paid to the Fund which will make a payment to us to cover our initial expenses and retain the balance for your Probate Services (Section 2);
1.3.2 there are no age or health restrictions;
1.3.3 your Probate Plan becomes effective following our acceptance as set out in Section 8.2;
1.3.4 if your application is accepted and the Amount Payable has been paid we will send you or your Representative a Certificate of Entitlement;
1.3.5 you can cancel and get a refund (Section 6.1);
2.1 You may choose to pay by an approved debit or credit card with the completed Application Form.
Alternatively payments may be paid by bank transfer made payable to NFFD.
2.2 From the sums received from you the Fund will pay to us a sum to cover our initial expenses within two working days of your application being processed. The balance of the Amount Payable will be retained by the Fund and used to pay for your Probate Services and for other authorised purposes. The Fund is authorised to make payments:
2.2.1 to us in order to pay the selected Probate firm at the time of your Probate;
2.2.2 in respect of refunds due to overpayment or cancellation; 2.2.3 to us to meet our overheads, administration and operating expenses at a level agreed between us and the Fund and reviewed from time to time; 2.2.4 to us to pay Third Party Costs;
WHAT IS COVERED BY YOUR PROBATE PLAN?
3.1.1 Subject to the exceptions set out in Sections 4 and 7, your Probate Plan will include:
3.1.2 Identifying, valuing and ingathering your assets.
3.1.3 Preparing the necessary documentation for the application for
Probate (or Confirmation in Scotland). 3.1.4 Applying and obtaining the appropriate Probate or Confirmation from the Courts.
3.1.5 Ensuring the accurate distribution of your estate.
3.1.6 Corresponding with HMRC to complete Income Tax, Inheritance Tax and Capital Gains Tax returns and making any necessary corrections that are required, including arranging for any Nil Rate Band Allowance to be transferred.
3.1.7 Identifying any relevant reliefs or exemptions to the estate before calculating any tax owed.
3.1.8 Liaising with the appropriate organisations, financial institutions and beneficiaries of the estate throughout the process.
3.1.9 Ensuring any debts and liabilities are paid from the estate.
3.1.10 Preparing the accounts and distributing the estate to the beneficiaries.
WHAT IS NOT COVERED BY YOUR PROBATE PLAN?
4.1.1 Your Probate Plan may require you or your Estate to pay additional sums as follows:
4.1.2 Third Party Costs incurred by us or the selected Probate firm at the time of your Probate; 4.1.3 any fee payable to the courts 4.1.4 any additional amounts required to be paid under Section 5.3; 4.1.5 any conveyancing work for the transfer of a property.
4.1.6 Any estate agency work for the sale of a property.
4.1.7 Any fees or disbursements for dealing with assets outside of England and Wales.
4.1.8 Tracing missing or unknown beneficiaries.
4.1.9 Managing any disputes or claims against the estate
4.1.10 Valuating variations to the distribution of the estate.
4.1.11 Business of Farming advice 4.1.12 The beneficiaries personal taxation
4.1.13 Financial advice on the suitability of the disposal of assets 4.1.14 Dealing with any investigations by government departments, such as HMRC or the benefits office.
4.1.15 Ongoing management of any Trusts arising from the estate, including Will Trusts or beneficiaries of Trust assets.
4.1.16 Preparing Deeds if required by the Court of by the beneficiaries.
SELECTED PROBATE FIRM AND YOUR PROBATE ARRANGEMENT
5.1 Appointment of selected Probate firm
We may appoint a Selected Probate firm as our sub-contractor to carry out your Probate Services. We will use reasonable efforts to ensure that the highest quality of service is provided by the selected Probate firm.
5.2 Provision of Probate Services
We will ensure that any selected Probate firm that carries out your Probate Services will be in accordance with your Probate Plan.
5.3 Our responsibility will only be for the provision of your Probate Services as specified in the Probate Plan. We will have no responsibility for any additional services, items or costs.
YOUR RIGHT TO CANCEL AND GET A REFUND
6.1 A refund of all sum paid will be made (in line with the Application Form) if notice of cancellation of your Probate Plan is received by us within 14 days of our written acceptance. If notice of cancellation is received after such 14-day period, we will charge a cancellation fee of £250.00. This sum will be deducted from the sums to be refunded.
6.2 No Probate Plan may be cancelled after your death unless agreed in writing by us with your Estate. If any person wishes, after your death, to have your Probate arrangements carried out by someone instead of the Selected Probate firm, unless otherwise agreed by us, they must pay for such Probate arrangements themselves.
6.3 We may cancel your Probate Plan and cease to act for you where there is good reason. Good reasons will include (but are not limited to): 6.3.1 where a conflict of interest arises;
6.3.2 if you fail to provide us with adequate instructions. If we cancel in the circumstances set out above you will receive immediate notice in writing. Subject to your statutory rights, if we cancel in such circumstances you must pay us all fees and charges incurred before cancellation.
6.4 In order to cancel our contract you can contact us by any of the methods set out in Section 7.5. To exercise your right to cancel, you must inform us of your decision to cancel by a clear statement using any of the contact methods referred to in Section 7.5 (e.g. a letter sent by post or an e-mail. We recommend you obtain proof of postage. You do not need to give us any reason for cancelling but you can do so if you wish. All your statutory rights are unaffected.
6.5 All refunds made by us will be made (1) to the person who made the original payment to us (whether that person is you or someone who purchased and paid for your Probate Plan for you or on your behalf) and (2) in line with the original method of payment. 6.6 If the amount actually spent for Third Party Costs is less than any allowance we have made for them no refund will be made to any person.
GENERAL PROVISIONS WHICH APPLY
7.1.1 We may act in accordance with the instructions of and communicate with either you or your Representative (but not a Family Member unless he/she is a Representative) on all matters relating to your Probate Services. References to you will therefore include references to your Representative (instead of you) where appropriate. However, in the event of any inconsistency between instructions given by you (including any person legally authorised to deal with your affairs) and by your Representative in relation to the Probate Services or your Will Services we will give priority to your instructions (or any such legally authorised persons).
Within 30 days of receipt of a completed Application Form, we will notify you of our acceptance or rejection of the application.
Applications will be rejected where our requirements for applications as specified in the Application Form have not been complied with or it is not completed correctly. No contract exists between us until we have notified you of our acceptance.
7.3 Applicable Law
7.3.1 English law applies to your Probate Plan unless you live in Scotland where Scots law will apply instead or if you live in Northern Ireland, where the law of Northern Ireland will apply instead.
VAT at the then rate is included with the sums payable for your Probate Services. If VAT legislation or HM Revenue & Customs’ practice or interpretation of VAT legislation changes, we will add Value Added Tax to any relevant sum that is not already included which shall then be payable by you or your Estate.
If you are not satisfied with any aspect of your Probate Plan, you should in the first instance contact us. Write to us at our Head Office: The National Federation of Funeral Directors, 95 Arundel Road, Worthing, BN13 3EU.
We will acknowledge your complaint within 7 working days of receipt and aim to resolve it within no more than 20 working days of receipt.
7.6 Document Retention
We will retain the originals of your Application Form and any other documentation completed and/or signed by you relating to your Probate Services for only a short period after we accept your application on the understanding that we have your authority to destroy them. We will retain a scanned pdf version of such documents after destroying the originals. You agree that we can rely on any such scanned document in place of the original.
We use the following definitions in your Probate Plan and its accompanying literature:
“Amount Payable” means the total sum payable for your Probate Plan (excluding additional sums payable as referred to in Section 6);
“Application Form” means our application form for your Probate Plan; “Beneficiaries” means your beneficiaries under your Will; “Certificate of Entitlement” means the document giving details of your Probate Plan given to you as referred to in Section1
“Estate” means your next of kin, executors, trustees and/or your Representative who are legally authorised to act for you after your death; “Probate Plan” means the prepaid Probate and Estate Administration Services offered by us as part of the Probate Plan and the terms on which they are to be provided as set out in (1) the Application Form (2) these Terms and Conditions
“Family Member” means any person who is your spouse, civil partner, parent, grandparent, sibling, aunt, uncle, nephew, niece, child or stepchild or in an enduring relationship with you or any relative of such a person, whether or not they reside with you or at another address within the United Kingdom;
“Probate firm’s Costs” means the Selected Probate firm’s fees and costs for your Probate and Estate Administration (but excluding Third Costs);
“Probate Services” means the services to be provided in connection with your Probate arrangements which will be provided by the selected Probate firm as detailed in our brochure;
“Guarantee” means the guarantee to provide your Probate Services given by the Selected Probate firm “Planholder” means the person who purchases a Probate Plan; “Representative” means your Representative (if any) as detailed on the Application Form; “Selected Probate firm” means the Probate firm selected by you or by us to provide the Probate Services; “Single Payment” means, where you are paying for your Probate Plan by one lump sum, the amount specified in the Application Form; “Single Payment Option” means the payment option defined in Section 1.2.1; “Third Party Costs” means those costs and fees in respect of Probate Services to be paid by us or by the Selected Probate firm to third parties (i.e. anyone except us or the Selected Probate firm);
“Fund” means NFFD Fund;
“We” or “us” means The National Federation of Funeral Directors, 95 Arundel Road, Worthing, BN13 3EU “You” means the person to whom Probate Services are to be provided under the Probate Plan (whether purchased by you or by another person on your behalf