TERMS OF ENGAGEMENT INFORMATION – FREE WILL PROMOTION
1. This Free Will Promotion is operated by Collins and May Law. We are pleased to be acting on your behalf in relation to our Free Will promotion. Please read these terms and conditions carefully as they set out the terms of the Free Will promotion.
Client Care Commitment
2. We are committed to doing our best to ensure that your needs are met in this matter. We will:
(a) Protect and promote your interests;
(b) Discuss with you your objectives and how they should be achieved;
(c) Act competently, in a timely way, and in accordance with instructions received and arrangements made;
(d) Provide you with information about the work to be done, who will do it and the way the services will be provided;
(e) Protect your privacy and confidentiality;
(f) Treat you fairly, respectfully and without discrimination;
(g) Give you clear information and advice;
(h) Keep you informed about the work being done and advise you when it is completed;
(i) Not charge you a fee for a Will. Any other matter you instruct us on will be charged as set out in paragraph 6 below;
(j) Let you know how to make a complaint and deal with any complaint promptly and fairly.
The obligations we owe to our clients are described in the Rules of Conduct and Client Care for Lawyers. Those obligations are subject to other overriding duties, including duties to the Courts and the Justice system. If you have any questions, please contact us on (04) 566 5775 or the Law Society on 0800 261 801 or lawsociety.org.nz.
3. In return you must provide all relevant information pertaining to your Will and property you wish it to cover as set out in the Will Form Notes section.
People Responsible for your Work
4. Once your Will form is returned, you will be contacted by the staff member with responsibility for your file. Please include your contact phone numbers so they may contact you.
Free Will Terms and Conditions
5. The offer of a Free Will is an ongoing promotion by Collins and May Law.
6. Should you instruct us to undertake any other legal services for you they will be charged at our normal rate for that service. Depending on what service that is we will give you either a fixed fee (where applicable), an estimate or advise the applicable hourly rate upon request.
7. Please complete the online form or hard copy form and return it to us. You will be contacted with a draft of your Will for approval and for you to contact a nominated solicitor in our firm to make an appointment to come in and sign the original.
Professional Indemnity Insurance and Fidelity Fund
8. We hold Professional Indemnity Insurance that meets or exceeds the standards specified by the Law Society. The Lawyers Fidelity Fund also provides a limited form of cover up to specified maximums in certain circumstances, generally excluding investment moneys.
9. If you have any concerns or complaints that you prefer not to raise with the partner named above please contact Lloyd Collins, our senior partner. We are committed to resolving any issues as soon as possible.
10. You can also contact the New Zealand Law Society Lawyers Complaints Service at 26 Waring Taylor Street, PO Box 5041, Wellington 6145. The telephone number is (04) 472 7838 or 0800 261 801, fax number (04) 473 7909.
We value your instructions in this matter and look forward to their successful completion. We also look forward to an ongoing relationship with you, so please retain this letter as the core basis of our relationship and our commitment to you to attend to your affairs diligently, with an efficient, effective and professional service.
WILL FORM NOTES
1. Please ensure that you have the correct spelling of all names and include middle names.
2. You do not have to complete the Specific Item section if you simply want to divide items equally amongst your children or give them to your spouse.
3. If you are appointing your spouse as an Executor please also complete details in item 2 under that heading for alternative Executor in the event that you die together or your spouse died before you. It is preferable and practical to only appoint as your executor, someone who lives in New Zealand.
4. If you have excluded any child or spouse from your Will please provide a detailed explanation as to why they are excluded in the Other Instructions field as this may have a bearing on the enforcement of your Will. It is best to cover this off now to avoid your estate being involved in expensive legal proceedings.
5. Should you wish to make any other additions not provided for in the form please do so in the Other Instructions field below.
6. Should you wish to make a Life Interest in a property or item of property to a partner with full ownership passing to your children upon their death please also complete details of that in the Other Instructions field and we will draft an appropriate clause. This can only be done if ownership on the title to the property is specified in shares. If you simply own it with your partner / spouse jointly the survivor automatically takes full ownership and your Will does not apply. This also applies to any other jointly owned property such as bank accounts, vehicles and the like.
7. If you and your partner / spouse have entered into a Contracting Out Agreement please provide a copy by e-mail to firstname.lastname@example.org.
8. Please note that if you have any property that has been transferred into a Family Trust then your Will will not apply to that property. Depending on the wording of your Trust Deed however the Executors of your Will will most likely take over the power to hire and fire Trustees and therefore would control your Trust and who can benefit from trust assets.
9. It is important therefore you give this careful consideration when selecting your Executors as they may ultimately control your Family Trust.
10. If there is a potential for conflict between children or between children and a step-parent then you may wish to consider appointing a professional as Executor either alone or together with a child or surviving spouse.
11. Do not hesitate to ask any questions you have about your new Will.
12. Circumstances which may affect how you set out your Will could include:
(a) Entering into a marriage/civil union/de facto relationship;
(b) Entering into a marriage/civil union/de facto relationship when you and/or your partner has children from a previous relationship;
(c) The end of a marriage/civil union/de facto relationship;
(d) The purchasing or obtaining of a major asset, for example company shares, expensive art, jewellery and the like;
(e) The addition of children or grandchildren to your family;
(f) The creation of a Family Trust or company or an existing Family Trust or company;
(g) A party named in your Will, for example if the executor, trustee or beneficiary has passed away;
(h) You have purchased/obtained overseas assets.
By clicking Continue you accept that you have read and agree to the above conditions.