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Service Disclaimer and Terms of Use

These Service Disclaimer and Terms of Use (“Terms”) apply to administrative document-preparation services provided by Spanish Wills LTD, a company registered in England and Wales under Companies House number 16488581, operating through www.spanishwills.es (“Spanish Wills”, “we”, “us” or “our”).

Our business address is Unit A, 82 James Carter Road, Mildenhall, IP28 7DE.

By instructing us, using our services, or using a document produced by us, you agree to these Terms. Please read them carefully before proceeding.

1. Nature of our service

1.1 Spanish Wills provides an administrative document-preparation service. We assist clients by collecting information, preparing documents from the instructions supplied, formatting documents and, where applicable, assisting with translation or communication with relevant third parties.

1.2 We are not a law firm and do not provide legal advice. We are not solicitors, barristers, abogados, notaries or other legal practitioners.

1.3 Our documents are prepared from the information and instructions supplied by the client. We do not independently investigate whether the information supplied is complete, accurate or legally sufficient unless a separate written service expressly states otherwise.

1.4 Unless expressly agreed in writing, our service does not include:

legal advice;

advice on the suitability, effect or tax treatment of a will;

advice on inheritance, succession, forced-heirship, trusts, probate or estate administration;

financial, tax or investment advice;

advice on family disputes or potential claims against an estate;

advice on the law of any jurisdiction; or

checking the client’s assets, title documents, family circumstances or personal records independently.

1.5 Where your circumstances are complex, international or likely to involve tax, business assets, trusts, family disputes, incapacity, vulnerable beneficiaries or competing legal systems, you should obtain independent advice from a suitably qualified professional before relying on any document.

2. Spanish wills

2.1 For documents intended to be used in Spain, our service is limited to administrative document preparation, information collection, formatting and, where applicable, translation or coordination.

2.2 A Spanish will must be reviewed, authorised and executed before a Spanish notary. The notary will determine whether the proposed instrument complies with the applicable formal and legal requirements at the time of signing.

2.3 Preparation of a document by Spanish Wills does not guarantee that:

the document is suitable for your personal or family circumstances;

the document reflects the law applicable at the time of signing;

the document will be accepted without amendment by a Spanish notary;

the document will produce the intended inheritance or tax outcome; or

the document will prevent a claim, dispute or challenge after death.

2.4 The notarial review is an important part of the Spanish will process, but it does not replace your responsibility to read the document carefully and raise any error or concern before signing.

2.5 You should not sign a Spanish will until you have reviewed it and are satisfied that the names, dates, identification numbers, family details, asset details, beneficiary provisions and other instructions are correct.

3. UK wills and international assets

3.1 Documents prepared for use in the United Kingdom or another jurisdiction are prepared as administrative templates or draft documents based on your instructions.

3.2 Spanish Wills does not provide advice on:

whether the document is suitable for your circumstances;

the validity or effect of the document under UK or foreign law;

inheritance tax, capital gains tax or other tax consequences;

domicile, residence or conflict-of-laws issues;

trusts, guardianship, probate or estate administration; or

the treatment of assets situated outside the jurisdiction for which the document was prepared.

3.3 We strongly recommend that you ask a qualified solicitor or other appropriately qualified professional in the relevant jurisdiction to review any UK or international will before execution.

3.4 A UK will must be signed and witnessed in accordance with the applicable law. You are responsible for ensuring that the document is executed correctly. A document that has not been correctly executed may be ineffective, wholly or partly.

4. Client information and warranties

4.1 You warrant that all information and instructions supplied to us are, to the best of your knowledge:

complete;

accurate;

current;

not misleading; and

provided with authority to use them for the requested service.

4.2 You are responsible for checking every draft and final document before signing or using it. This includes checking, in particular:

full names and previous names;

dates and places of birth;

addresses;

marital or civil-partnership status;

passport, NIE and other identification numbers;

spellings and translations;

details of children, beneficiaries, guardians, executors and trustees;

asset and property details;

percentages, shares and monetary amounts; and

any other personal, family or legal information.

4.3 You must notify us of any error, omission or change before the document is signed or otherwise used. Amendments requested after signing or execution may not be effective and may require a new document or professional advice which may be chargeable.

4.4 We are not responsible for an error, omission or legal consequence caused by inaccurate, incomplete, outdated or misleading information supplied by you, except to the extent that liability cannot lawfully be excluded or limited.

5. Review, amendments and approval

5.1 We will provide you with an opportunity to review the draft document before signing or execution.

5.2 You may request reasonable amendments before signing, subject to the scope of the service and any applicable fee.

5.3 You are responsible for reviewing the document and confirming that it reflects your instructions. Approval may be given through the client portal, by email, in writing or by proceeding to sign, as applicable.

5.4 Signing a document before a notary, or signing and witnessing a UK will, confirms that you have had an opportunity to review the document and have chosen to proceed with its execution. It does not prevent liability that cannot lawfully be excluded or limit any statutory consumer rights.

5.5 If you do not understand a provision or are unsure whether the document is suitable, you should obtain independent legal advice before signing.

6. No legal or fiduciary relationship

6.1 Use of our services does not create a solicitor-client, attorney-client, barrister-client, legal adviser-client or fiduciary relationship between you and Spanish Wills.

6.2 Unless separately agreed in writing, Spanish Wills is not appointed as your legal adviser, trustee, financial adviser or tax adviser.

6.3 Any reference to an executor, administrator, estate representative or similar role in a document is subject to the wording of that document, applicable law and any separate agreement required for estate-administration services. Preparation of a will does not, by itself, create an obligation for Spanish Wills to administer an estate.

7. Fees and additional services

7.1 The applicable service, price and any included amendments will be communicated to you before or during the ordering process.

7.2 Services outside the agreed scope may be subject to additional fees. We will seek your agreement before undertaking chargeable additional work where reasonably practicable.

7.3 Separate legal, notarial, translation, courier, registration, probate, tax or third-party charges are not included unless expressly stated otherwise.

8. Data protection and marketing

8.1 We handle personal data in accordance with our Privacy Policy, available through www.spanishwills.es, and applicable data-protection legislation, including the UK GDPR and the Data Protection Act 2018 where applicable.

8.2 We use personal information to provide and administer the requested service, communicate with you, maintain records, meet legal obligations and protect our legitimate business interests, as described in the Privacy Policy.

8.3 Any marketing consent wording displayed on our website or client forms governs marketing contact and any sharing of personal data with trusted partners. That wording should be read carefully before consent is given.

8.4 Where consent is requested for marketing, the consent wording will identify, as applicable, the communication methods, categories of services and use of trusted partners. Marketing consent may be withdrawn at any time. Withdrawal of marketing consent will not affect processing that is necessary to provide a service already requested or to comply with a legal obligation.

8.5 We will not treat marketing consent as a condition of receiving a service unless the law permits this and the form clearly states the relevant position.

8.6 You may exercise your data-protection rights, including rights of access, correction, objection, restriction, erasure and withdrawal of consent, subject to applicable legal limits and the terms of our Privacy Policy.

9. Our service standards and limitations of liability

9.1 Nothing in these Terms excludes or limits any liability or consumer right that cannot lawfully be excluded or limited, including liability for:

death or personal injury caused by negligence;

fraud or fraudulent misrepresentation;

deliberate concealment or other liability arising from fraud;

breach of statutory rights that cannot lawfully be excluded; or

any other matter for which exclusion or limitation is prohibited by law.

9.2 We will provide the service with reasonable care and skill as required by applicable consumer law.

9.3 Subject to clause 9.1, Spanish Wills is not responsible for loss, damage, cost, delay or legal difficulty arising from:

information or instructions supplied by you that are inaccurate, incomplete or misleading;

your failure to review a document or raise an error before signing;

failure to notify us of a change in your circumstances;

incorrect execution, signing or witnessing;

a notary, solicitor, court, public authority or other third party refusing, amending or failing to accept a document;

changes in law or practice after a document has been prepared;

tax, inheritance, probate or financial consequences for which we did not provide advice;

events outside our reasonable control; or

your use of a document without obtaining recommended independent advice.

9.4 Subject to clauses 9.1 and 9.2, we will not be liable for indirect or consequential loss, loss of profit, loss of business, loss of opportunity or reputational loss, except where such loss cannot lawfully be excluded.

9.5 Any limitation of liability in these Terms applies only to the fullest extent permitted by law and must be interpreted consistently with the Consumer Rights Act 2015 and other applicable consumer-protection legislation.

9.6 Nothing in these Terms prevents you from exercising any statutory right or remedy available to you.

10. Events outside our control

10.1 We will not be responsible for delay or failure caused by circumstances outside our reasonable control, including changes in law, government or notarial procedures, technical failure, interruption of communications, industrial action, natural events, public-health emergencies or the acts or omissions of third parties.

10.2 We will take reasonable steps to notify you of material delays and, where reasonably practicable, provide an updated timescale.

11. Complaints

11.1 If you are dissatisfied with our service, please contact us through the contact details provided on www.spanishwills.es and explain the issue, including your order reference where available.

11.2 We will review the complaint and respond within a reasonable period.

11.3 Nothing in this clause prevents you from exercising any statutory right, seeking independent advice or bringing a claim where legally permitted.

12. Governing law and jurisdiction

12.1 These Terms and any dispute or claim arising from them are governed by the law of England and Wales.

12.2 Subject to any mandatory consumer rights, Spanish Wills and the client agree that the courts of England and Wales will have jurisdiction to determine any dispute or claim arising from or connected with these Terms or the services.

12.3 If you are a consumer resident outside England and Wales, you may also have mandatory rights to bring proceedings or rely on consumer protections in the country where you live. Nothing in these Terms removes those rights where the law does not permit their removal.

13. Acceptance and acknowledgement

13.1 By instructing Spanish Wills, placing an order, using our service, approving a draft, or using any document produced by us, you confirm that you have had an opportunity to read and understand these Terms and agree to be bound by them.

13.2 A marketing consent tick box is separate from acceptance of these Terms. Where a website or form tick box is expressly labelled as acceptance of these Terms, ticking that box confirms acceptance of these Terms. Where a tick box is labelled only as marketing consent, it confirms only the marketing consent described next to it.

13.3 If you do not agree to these Terms, you should not instruct us, approve a draft or use a document produced by us.

14. Changes to these Terms

14.1 We may update these Terms from time to time to reflect changes in our services, legal requirements or business practices.

14.2 The version applying to your service will normally be the version displayed or provided when you place your order, unless a later change is required by law or agreed with you.

15. Company details

Spanish Wills LTD

Companies House number: 16488581

Unit A, 82 James Carter Road

Mildenhall

IP28 7DE

United Kingdom

Website: www.spanishwills.es