What needs to go into a will and what can go into a letter of wishes?
When you make your will, you may wonder whether or not you...
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1. Introduction
Myers Solicitors Limited trading as Myers & Co, including subsidiaries and affiliates (“Website Owner” or “we” or “us” or “our”) provides the information contained on this website or any of the pages comprising the website www.myerssolicitors.co.uk (“Website”) to visitors (“Visitors”), referred to as “you” or “your”, subject to the terms and conditions set out in these terms and conditions our privacy policy.
2. Information on the website
While every effort is made to update the information contained on this Website, neither the Website Owner nor any third party or data or content provider make any representations or warranties, whether express, implied in law or residual, as to the sequence, accuracy, completeness or reliability of information, opinions, any share price information, research information, data and/or content contained on the Website (“information”) including but not limited to any information which may be provided by any third party or data or content providers, and shall not be bound in any manner by any information contained on the Website. We reserve the right at any time to change or discontinue without notice, any aspect or feature of this Website. No information shall be construed as advice and information is offered for information purposes only and is not intended for trading purposes. You and your company rely on the information contained on this website at your own risk. If you find an error or omission on this Website, please let us know.
3. Trade marks
The trade marks, names, logos and service marks (collectively “trade marks”) displayed on this Website are our registered and unregistered trade marks. Nothing contained on this Website should be construed as granting any licence or right to use any trade mark without our prior written permission.
4. External links
External links may be provided for your convenience, but they are beyond our control and no representation is made as to their content. Use or reliance on any external links and their content provided is at your own risk. When visiting external links you must refer to that website’s terms and conditions of use. No hypertext links shall be created from any website controlled by you or otherwise to this Website without the our express prior written permission. Please contact us if you would like to link to this Website or would like to request a link to your website.
5. Public forums and user submissions
We are not responsible for any material submitted to any public areas by you (which include bulletin boards, hosted pages, chat rooms, or any other public area found on the Website. Any material (whether submitted by you or any other user) is not endorsed, reviewed or approved by us. We reserve the right to remove any material submitted or posted by you in the public areas, without notice to you, if we become aware and determine, in our sole and absolute discretion, that you are or there is the likelihood that you may:
5.1 defame, abuse, harass, stalk, threaten or otherwise violate the rights of other users or any third parties;
5.2 publish, post, distribute or disseminate any defamatory, obscene, indecent or unlawful material or information;
5.3 post or upload files that contain viruses, corrupted files or any other similar software or programmes that may damage the operation of our and/or a third party’s computer system and/or network;
5.4 violate any of our copyright, trade mark, other applicable English or international laws or intellectual property rights or any other third party;
5.5 submit contents containing marketing or promotional material which is intended to solicit business.
6. Specific use
You further agree not to use the Website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law and you hereby indemnify us against any loss, liability, damage or expense of whatever nature which we or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the Website to send or post any such message or material.
7. Warranties
We make no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the Website, the information contained on it, or your or your company’s personal information or material and information transmitted over our system.
8. Disclaimer of liability
We shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the Website, any information contained on the Website, your or your company’s personal information or material and information transmitted over our system. In particular, neither we nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof. Our employees, staff and Directors are expressly requested, amongst other things, not to make any defamatory, threatening or obscene statements and not to infringe any legal right (including any infringement of copyright) by email communication. Any such communication is contrary to our acceptable use policy and outside the scope of the employment of the individual concerned. We will not accept any liability in respect of such a communication, and the employee responsible will be personally liable for any damages or other liabilities arising.
9. Use of the website
We do not make any warranty or representation that information on the Website is appropriate for use in any jurisdiction (other than England and Wales). By accessing the Website, you warrant and represent to us that you are legally entitled to do so and to make use of information made available via the Website.
10. General
10.1 Entire agreement
These terms and conditions constitute the sole record of the agreement between you and us in relation to your use of the Website. Neither you nor we shall be bound by any express tacit or implied representation, warranty, promise or the like not recorded herein. Unless otherwise specifically stated these Website terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and us in respect of your use of the Website.
10.2 Alteration
We may at any time modify any relevant terms and conditions, policies or notices. You acknowledge that, by visiting the Website from time to time, you shall become bound to the current version of the relevant terms and conditions (the “current version”) and, unless stated in the current version, all previous versions shall be superseded by the current version. You shall be responsible for reviewing the then current version each time you visit the Website.
10.3 Conflict
Where any conflict or contradiction appears between the provisions of these terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the Website shall prevail.
10.4 Waiver
No indulgence or extension of time which either you or us may grant to the other will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.
10.5 Assignment
We shall be entitled to cede, assign and delegate all or any of our rights and obligations in terms of any relevant terms and conditions, policies and notices to any third party.
10.6 Severability
All provisions of any relevant terms and conditions, policies and notices are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other.. Unenforceability or invalidity of one or more clauses in this Agreement shall not have an effect on any other clause in this Agreement. If it is possible, any unenforceable or invalid clause in this Agreement shall be modified to show the original intention of the parties.
10.7 Applicable laws
Any relevant terms and conditions, policies and notices shall be governed by and construed in accordance with the laws of England and Wales without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of the High Court of England and Wales in respect of any disputes arising in connection with the Website, or any relevant terms and conditions, policies and notices or any matter related to or in connection with it.
10.8 Comments or questions
If you have any questions, comments or concerns arising from the Website, the privacy policy or any other relevant terms and conditions, policies and notices or the way in which we are handling your personal information please contact us.
11. Client satisfaction and complaints
Myers & Co prides itself on its standard of work, however if there is an aspect of our service with which you are unhappy please refer to the complaints procedure. You may also request a copy of our complaints procedure at any time by contacting our Compliance Manager David Vaughan-Birch who can be contacted by telephone on 01782 525014 or by email to david.vaughan-birch@myerssolicitors.co.uk.
In the event that you make a complaint that cannot be resolved using our internal complaints procedure, you may contact the Legal Ombudsman. The Legal Ombudsman is the independent and impartial service established under the Legal Services Act 2007 to resolve legal service disputes. You may contact the Legal Ombudsman at PO Box 6167, Slough SL1 0EH, telephone 0300 555 0333, visit their website www.legalombudsman.org.uk, or email enquiries@legalombudsman.org.uk
Alternatively, if you are a consumer and we have made a contract with you by electronic means, you may be entitled to use the European Commission’s Online Dispute Resolution (ODR) service to assist with any dispute that may arise. This service can be found at http://ec.europa.eu/consumers/odr.
If you are concerned about our behaviour, you can raise your concerns with the Solicitors Regulation Authority. You may also be able to make an application for compensation to the Compensation Fund of the Solicitors Regulation Authority.
12. Criminal Finances Act 2017-Statement of Compliance
As a firm, we value our reputation for ethical behaviour and for financial probity and reliability. We recognise that over and above the commission of any crime, any involvement in the facilitation of tax evasion will also reflect adversely on our image and reputation.
We do not tolerate tax evasion, or the facilitation thereof in any circumstances, whether committed by or facilitated by a client, personnel or associated persons or companies. We are committed to fighting tax evasion and have rigorous policies and procedures in place to detect and prevent the facilitation of tax evasion offences.
We provide regular training on the requirements of the Criminal Finances Act 2017 to all our staff. We require all personnel to demonstrate the highest standards of honesty at all times and appropriate disciplinary action will be taken wherever tax evasion or the facilitation thereof by any personnel has been proven.
We undertake due diligence on all associated persons/companies to mitigate the risk of facilitation of tax evasion offences and, as part of our due diligence procedures, all agreements with third parties contain suitable provisions to enable termination of such agreements where associated persons/companies are not complying with the provisions of the Criminal Finances Act 2017.
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