Last update: 14 November 2024

Terms of use

Your document (as defined in the section “The Words We Use in These Terms”) is for your personal use only and cannot be purchased for any third party or resold. Swiftwills is not liable for any document purchased for third parties, resold, or used as a template to create revised versions.

Part A: Swiftwills

Please read the following important terms and conditions before purchasing our services, and check that they contain:

  • everything you need, and
  • nothing you disagree with.

This contract outlines:

  • your legal rights and responsibilities;
  • our legal rights and responsibilities; and
  • certain key information required by law.

These terms and conditions apply when you and Swiftwills enter into a contract online.

Definitions and Interpretation

In these terms and conditions:

  • “Document(s)” refers to the will or any other document sold by us and ordered by you.
  • “Privacy Policy” refers to the privacy policy on our Website, which can be found at https://www.swiftwills.com/privacy.html.
  • “Services” refers to probate services and/or the service provided by Swiftwills to create, update, revise, and review Documents ordered by you.
  • “Website” means https://www.swiftwills.com.
  • “We,” “us,” or “our” means Swiftwills.
  • “Writing” includes emails. When we use the terms “write,” “writing,” or “written” in these terms and conditions, this includes emails.
Information About Us and How to Contact Us

Who We Are: Swiftwills is an online will writing service operated as a sole proprietorship under the trading name "Swiftwills."

How to Contact Us: You can reach our customer service team by email at hello@swiftwills.com. Our team is available to respond Monday to Saturday, 10:00 a.m. to 5:00 p.m. (GMT/BST).

How We May Contact You: If we need to contact you, we will do so via the email or postal address provided in your order.


If you have any questions or need clarification on any part of these terms, please feel free to reach out to us at hello@swiftwills.com.

Introduction

If you purchase any Documents or Services from us, you agree to be legally bound by these terms and conditions, which form part of the contract between us.

You may only purchase Documents or Services from us for non-business, personal use. These Documents and Services are for your personal use only and cannot be purchased for any third party or resale. We will not be liable for any Document or Service bought for third parties or resold, nor for any related loss. You represent and warrant that any Document or Service ordered by you is solely for your own use and that you are acting as the principal and not as an agent. We disclaim all liability for any Document or Service intended for any third party.

By purchasing any Document or Service, you also agree to be legally bound by:

  • Any additional terms that may modify these terms and conditions. Such changes may be necessary for security, legal, or regulatory reasons. We will notify you of such changes by giving one month’s notice, or as soon as reasonably practicable if earlier notice is not possible.
  • Any specific terms that apply to certain Documents or Services. If you would like to see these specific terms, please contact our customer service team for details.

All of the terms above are part of the contract between you and us, as though set out in full here.

We may change these terms and conditions, Documents, or Services, or discontinue Documents and Services to comply with changes in law or regulation, or to make minor adjustments and improvements. If legally required, we will notify you of these changes using the contact information you provide. If you notice anything that does not appear correct, please let us know.

Information We Give You

Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, we are required to provide you with certain key information before a legally binding contract is made between us. We aim to provide this information clearly and understandably, typically before you purchase any Documents or Services from us. Some of this information is also included in these terms, such as details on our complaint handling policy.

We will provide you with information about:

  • The main characteristics of the Documents or Services you wish to purchase;
  • Who we are, our location, and how to contact us;
  • The total price of the Documents or Services, including any applicable taxes (or, if this cannot reasonably be calculated in advance, how the price will be determined);
  • The arrangements for payment, the completion of the Documents or Services, and the time by which we will fulfill the Documents or Services;
  • How to exercise your right to cancel the contract and any costs involved in doing so; and
  • Our complaint handling policy.

This key information, as required by law, forms part of these terms and conditions, as though it is set out in full here.

If any key information changes after a legally binding contract between us has been made, we may only amend it with your agreement.

All Documents and Services are provided in English.

Your Privacy and Personal Information

Your privacy and personal information are important to us. Our Privacy Policy, available on our website at https://www.swiftwills.com/privacy.html, explains in detail:

  • What personal information we collect from you;
  • How and why we collect, store, use, and share this information;
  • Your rights regarding your personal information; and
  • How to contact us or supervisory authorities if you have questions or complaints about how we handle your personal information.

Any personal information you provide will be handled in accordance with our Privacy Policy.

What’s Included

Our services include:

  • Access to our online tools to create a will document.
  • General guidance to help you draft the document.
  • A will document that you prepare using our service...
What’s Not Included

Our services do not include:

  • Legal advice or confirmation of whether this document meets all your specific legal needs.
  • Specialised tax advice, including inheritance tax planning.
  • Verification of your identity, testamentary capacity, or freedom from undue influence.
  • Supervision of the signing and witnessing process to ensure that your will is legally valid and enforceable.

Please confirm that our service is appropriate for your needs, particularly if your estate includes complex assets, such as agricultural property, business assets, or foreign property.

Ordering Documents and Services from Us

To purchase a Document or Service from us, you must:

  • Agree to be bound by these terms and conditions and our Privacy Policy;
  • Review the information on our Website to ensure that the Documents or Services we offer are suitable for your needs before placing an order;
  • Be 18 years of age or older;
  • Be able to read the Document we send you without assistance. If you require assistance, please let us know, and we will endeavor to make our Documents and Services accessible to you;
  • Require a Document suitable for use as a will in either England, Wales, Scotland, or Northern Ireland;
  • Take particular care when providing us with your details; and
  • Confirm that all details and information you provide are accurate, complete, and not false or misleading. We do not independently verify or check the details you provide, except when required by law.

You must also:

  • Be a permanent resident of the United Kingdom. If you are not, you may purchase a Document or Service with the understanding that we are not providing advice (including but not limited to legal or tax advice) specific to your situation, and that the Document or Service may not fully suit your individual needs. You agree not to hold us liable for any loss resulting from your use of such Document or Service.

Please note that:

  • The Documents and Services are not suitable if (i) your permanent home is outside the United Kingdom, or (ii) you own a business, agricultural property, or other assets outside the United Kingdom.
  • Our Documents and Services are not intended for use (i) in a jurisdiction other than the one specified (i.e., either England and Wales, Scotland, or Northern Ireland, as applicable), (ii) in complex circumstances, or (iii) if you need specialised tax advice (including in relation to inheritance tax).
Document Review

While we provide tools to create your document, we do not independently verify the accuracy of the information you enter. You are responsible for ensuring that the information you provide is complete, correct, and accurately reflects your wishes.

We do not verify:

  • The identities of beneficiaries or executors.
  • The accuracy of addresses, names, or other personal details.
  • Your testamentary and/or mental capacity or whether the document was created free from undue influence.
Your Responsibility

You are solely responsible for ensuring that the will you create is suitable for your needs and for checking the document’s accuracy. We strongly recommend consulting a qualified advisor if you have any doubts about the suitability of your document.

Alterations to Documents

Changes you can make to Documents using our Services are limited to predefined fields, including your name, beneficiaries’ names, executors’ names, and asset descriptions. You may not and are not permitted to change or alter the main text of the Documents.

How a Legally Binding Contract is Made

The following outlines the steps to create a legally binding contract between us:

  • Any quotation we provide before you place an order is not a binding offer to supply the Document or Service.
  • When you place an order for a Document or Service through our Website, you are making an offer to purchase that Document or Service from us.
  • Upon receiving your order, we will acknowledge it by email. This acknowledgement is not acceptance of your order. Paying for your Document or Service confirms your acceptance of these terms and our Privacy Policy.

We may contact you to inform you that we do not accept your order. This may occur for reasons such as:

  • We cannot fulfill the order (e.g., due to a shortage of staff).
  • We cannot authorise your payment.
  • You are not eligible to purchase the Document or Service.
  • We are not permitted to sell the Document or Service to you.
  • There is an error in the pricing or description of the Document or Service.

We will only accept your order once we send you a confirmation email (the “Confirmation Email”). At this point:

  • A legally binding contract is formed between you and us, and
  • We will begin processing your order as agreed.

Unless we both agree otherwise, our contract will terminate automatically once we have delivered the Document or Service to you.

Providing the Documents and Services

We will make the Documents available to you either:

  • As a digital download, accessible as soon as we have accepted and completed your order; or
  • If you requested a printed copy, we will provide you with an estimated delivery date at the time of ordering.

If you choose to have the Documents printed and posted to you, the delivery period and cost will be displayed on our Website. Documents will be sent to the address you provided at the time of ordering, and this address cannot be changed after the order is placed.

If delivery of the Documents is delayed due to an event outside our control, we will notify you as soon as reasonably possible and will take reasonable steps to minimise the delay. While we are not liable for losses caused by such delays, you may contact us to end the contract and receive a refund if there is a risk of substantial delay for any Document(s) you have paid for but have not yet received.

Charges and Payment

We will provide you with the basis for calculating charges for Documents, Services, and any related goods (including additional charges such as delivery fees) to the fullest extent possible when you place an order.

Our charges for Documents and Services are on a quotation basis, meaning we promise to complete the order at a fixed price.

We only accept electronic payments, including credit and debit cards. We do not accept cheques or cash. Your credit or debit card will be charged, and you will be invoiced, at the time you place your order. All payments must be authorised by the relevant card issuer.

If your payment is not received, we may charge interest on any outstanding balance at a rate of 4% per year above the Bank of England’s base rate. We will notify you by email if we intend to apply interest.

The price of our Services is listed in pounds sterling (£) (GBP) and includes VAT (if applicable) at the prevailing rate.

Please note, if you decide not to sign a Document after purchasing it, the price of the Document will not be refunded.

Voucher Codes and Promotions

We may offer voucher codes or promotions for our services. Voucher codes are subject to the following terms:

  • Voucher codes are non-transferable, non-refundable, and cannot be exchanged for cash.
  • Only one voucher code can be applied per transaction.
  • Voucher codes may be subject to additional terms and restrictions specific to each promotion, as communicated when the code is issued.
Right to Cancel

Due to the bespoke nature of our Documents, you are not entitled to cancel your order or return the Documents. However, you may return the Documents if:

  • The PDF file we provide cannot be opened or is corrupted when you attempt to download it, or
  • Any printed version of the Document is damaged upon receipt.

The right to cancel the contract under the Consumer Contracts (Information, Cancellation, and Additional Charges) Regulations 2013 does not apply to Documents purchased from us.

If you receive a printed Document that is damaged, we will cover the return shipping costs. Replacements for faulty or damaged Documents will be provided within 14 calendar days of receiving the returned items or from the date you notify us that the digital Document cannot be opened or is corrupted.

You may make changes to Documents free of charge for one year following our acceptance of your order. This one-year amendment period is a discretionary, complimentary service, separate from the Document or Service purchase price. We reserve the right to amend, reduce, extend, or withdraw this complimentary service at our sole discretion, without prior notice.

Nature of the Documents and Services

Under the Consumer Rights Act 2015, you have certain legal rights (also known as ‘statutory rights’), including the following:

  • The Documents and Services will be carried out with reasonable care and skill.
  • If a price has not been agreed upon for the Documents and Services, you are only required to pay a reasonable price.
  • If no specific time frame has been agreed upon, we must carry out the Documents and Services within a reasonable period.
Faulty Services

Your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’) entitle you to certain protections. For more detailed information on your rights and what you should expect from us, you may:

  • Contact us using the contact details at the top of this contract, or
  • Visit the Citizens Advice website at www.citizensadvice.org.uk or call 03454 04 05 06.

Nothing in this contract affects your legal rights under the Consumer Rights Act 2015, and you may have other rights under applicable law.

Please contact us if you would like:

  • Us to repeat the services,
  • Us to fix the services, or
  • A price reduction.
  • End of the contract

If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.

Disclaimer and Limitation of Liability

Swiftwills is not a law firm and is not registered or regulated by the Solicitors Regulation Authority, Law Society of Northern Ireland, or Law Society of Scotland. Use of our Documents, Services, or Website does not create a lawyer-client relationship between Swiftwills (or any associated individual) and you.

It is solely your responsibility to ensure that the Documents and Services you order meet your requirements and are suitable for your legal and tax needs. We accept no responsibility if the Documents and Services you purchase are not legally correct or suitable for your specific circumstances.

When preparing Documents, we do not assume responsibility for, and will not verify:

  • Your identity;
  • Your testamentary and/or mental capacity;
  • Whether you were under undue influence when ordering or signing the Document;
  • Whether the Document was signed correctly or in accordance with our guidance notes;
  • Whether you understood and approved the contents of the Document; or
  • Any third-party beneficiaries who may have claims against your estate or challenge the Document’s validity.

We provide guidance notes to assist you with signing and executing your Document according to the laws of the intended jurisdiction (England, Wales, Northern Ireland, or Scotland). It is your sole responsibility to follow these notes and ensure the Document is properly signed and witnessed. Failure to do so may result in an invalid and unenforceable Document. We accept no liability for the validity, execution, or enforceability of any Document.

Document Validity and Changes in Law

Your Document may become out-of-date due to changes in laws or regulations. We do not guarantee that the Document you order and sign will remain valid, complete, or accurate over time, and we have no obligation to inform you of such changes. Future reviews of the Document’s terms are solely your responsibility.

Review and Accuracy of Information

We do not review or verify the data you provide to create the Document, nor do we check for legal accuracy, correctness, or suitability. We cannot accept responsibility for the Document’s appropriateness or suitability to your unique circumstances.

Our Documents and Services are suitable for use only within specific jurisdictions: England, Wales, Northern Ireland, or Scotland. If you reside, are domiciled, or have assets or liabilities outside these jurisdictions, exercise caution as the Document may not be suitable, and we accept no liability for its appropriateness or enforceability in other jurisdictions.

Free and Updated Documents

We accept no liability and provide no warranty for any Document made available to you free of charge or any Document originally purchased but later updated by you free of charge. For clarity, any free update service we offer is a discretionary complimentary service, separate from your purchase price, and may be modified or withdrawn at our sole discretion without notice.

Limitation of Liability

We disclaim all liability to the fullest extent permissible under applicable law. This does not affect your statutory rights. If found liable for any loss or damage, our liability is limited to the amount paid for the relevant Document or Service.

We are not liable for:

  • Loss of profits, loss of data, or any indirect, special, or consequential loss;
  • Losses resulting from commercial, business, or resale use of our Documents and Services.

This limitation does not apply to personal injury or death resulting directly from our negligence or any liability we cannot exclude under applicable law.

Further Disclaimer of Liability

Swiftwills is not a law firm and is not regulated by the Solicitors Regulation Authority, Law Society of Northern Ireland, or Law Society of Scotland. The use of our documents, services, or website does not create a lawyer-client relationship between you and Swiftwills.

When preparing documents, we disclaim responsibility for:

  • Verifying your identity, testamentary capacity, or absence of undue influence.
  • Checking the accuracy or completeness of your document for legal or tax purposes.
  • Confirming that your document will remain legally valid over time, especially in light of changes in law.

We strongly recommend that you consult a qualified advisor if your estate includes complex assets or specific legal needs.

Disputes

We aim to resolve any disputes with you quickly and efficiently. If you are unhappy with:

  • The Documents or Services,
  • Our service to you generally, or
  • Any other matter,

Please contact us as soon as possible. Our email is hello@swiftwills.com.

If we are unable to resolve a dispute through our internal complaint handling procedure, we will:

  • Inform you that we cannot reach a resolution, and
  • Provide you with legally required information about our alternative dispute resolution provider.
Third Party Rights

No one other than a party to this contract has any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce or enjoy the benefit of any term of this contract.

Use of Our Website

We grant you a limited, non-exclusive, and revocable license to use our website solely for personal, non-commercial purposes.

You agree not to:

  • Copy, modify, or distribute any content from our website without our written permission.
  • Use our website to build a similar or competitive service.
  • Attempt to reverse-engineer, disassemble, or otherwise tamper with any part of our website.
Intellectual Property

All intellectual property rights, including copyrights, trademarks, and trade secrets, in the website and its content belong to Swiftwills or our licensors. These terms do not transfer any ownership of such rights to you.

Other Important Terms

Swiftwills:

  • May subcontract any part(s) of the Estate Service;
  • May assign, novate, or transfer its rights and obligations under these terms and conditions (in whole or in part) to another organisation, person, or partnership without your consent or prior notification;
  • May alter or vary these terms and conditions at any time without notice;
  • Will use the personal information you provide to deliver the Estate Service; and
  • Will only share your personal information with third parties as necessary to provide the Estate Service and/or as required or permitted by law.

These terms and conditions, together with our Privacy Policy, any order form, and payment instructions, constitute the entire agreement between you and us for Documents and Services. No other terms, whether expressed or implied, will form part of these terms and conditions. In the event of any conflict between these terms and conditions and any other terms on the Website, these terms and conditions will prevail.

Each clause of these terms and conditions operates independently. If a court or other authority with competent jurisdiction finds any clause to be unlawful, the remaining clauses will continue in full force and effect.

No delay or failure by us to enforce our rights or remedies under these terms and conditions constitutes a waiver of those rights or remedies unless confirmed in writing.

Governing Law and Jurisdiction

These terms and conditions, along with our Privacy Policy, are governed by and construed in accordance with the laws of England and Wales. Both parties submit to the exclusive jurisdiction of the courts of England and Wales.