Terms of Business
DA Estate Planning
Last updated: 18/09/2026
Thank you for considering DA Estate Planning.
These Terms of Business explain how I work, what you can expect from me, and what I need from you so that your planning can be prepared clearly, accurately and efficiently.
I have tried to keep these terms straightforward. They are here to protect both of us and to make sure the process is understood from the start.
1. About DA Estate Planning
DA Estate Planning is the trading name of David Atkins, a sole trader, providing estate planning services to clients across England and Wales.
Business name: DA Estate Planning
Principal: David Atkins
Business correspondence address:
DA Estate Planning
Hunters Lodge
Ash Grange
Ash Road
Whitchurch
Shropshire
SY13 4DH
Email: enquiries@daestateplanning.co.uk
Website: daestateplanning.co.uk
Telephone: 01948 984153
In these terms, references to “I”, “me” and “my” mean David Atkins trading as DA Estate Planning. References to “you” mean the client or prospective client using my services.
2. Professional Estate Planning Service
DA Estate Planning provides specialist estate planning consultancy and document preparation services.
The service focuses on Wills, Protective Trust Wills, Lasting Powers of Attorney, inheritance tax planning, lifetime trust planning, Family Gift Trusts, Probate Preservation Plus Trusts and wider estate planning guidance.
My role is to help you understand your options clearly, consider the most appropriate planning for your circumstances, and prepare the agreed documents in line with your instructions.
Where a matter falls outside the scope of my service, such as conveyancing, litigation, contentious probate, financial advice, accountancy work or other specialist professional services, I will explain this and may recommend that you seek advice from an appropriately qualified professional.
3. Services Covered by These Terms
These terms apply to the services I provide, which may include:
- Wills;
- Protective Trust Wills;
- Lasting Powers of Attorney;
- Family Gift Trusts;
- Probate Preservation Plus Trusts;
- lifetime trust planning;
- inheritance tax planning guidance;
- letters of wishes;
- estate planning reports;
- client summaries;
- signing guidance;
- related document preparation and support.
The exact services being provided to you will be confirmed separately, usually by email, invoice, Client Summary or other written confirmation.
4. Consultations
Consultations are usually carried out online via Google Meet, allowing you to discuss your planning from the comfort of your own home.
During the consultation, I will ask about your circumstances, family, assets, wishes and objectives. This helps me understand what you are trying to achieve and explain the planning options that may be suitable.
There is no pressure to proceed at the end of the consultation. If you need time to think, speak to family members, consider who to appoint, or arrange a further discussion, that is completely fine.
5. After the Consultation
If, after the consultation, you indicate that you would like to proceed, I will usually prepare and send:
- a Client Summary; and
- an invoice setting out the agreed service and fee.
The Client Summary will record the key information and planning instructions discussed during the consultation, including, where relevant, executors, trustees, attorneys, guardians, beneficiaries, gifts and other planning details.
You should check the Client Summary carefully and tell me as soon as possible if anything is incorrect, incomplete or has changed. The information and instructions contained within the Client Summary will be used as the basis for the planning and documents prepared for you if you proceed.
The Client Summary is not a detailed estate planning report and does not include the substantive written analysis or recommendations that form part of the paid estate planning service.
There is no obligation to proceed simply because you indicated during the consultation that you wished to do so. You are free to consider the Client Summary, the agreed service and the fee before deciding whether to continue.
If you subsequently decide not to proceed before payment is made, please let me know. No further work will usually be undertaken and no fee will usually be payable unless something different has been agreed with you in writing.
Documents may be password protected. Where appropriate, I may contact you separately by WhatsApp Business, SMS or telephone to confirm that an email has been sent, ask you to check your spam or junk folder if needed, and provide any password or access details.
6. When the Paid Service Begins
Payment of the invoice confirms that you would like me to proceed with the agreed estate planning service.
Unless otherwise agreed in writing, substantive work will not begin until:
- you have reviewed and confirmed your Client Summary;
- any necessary corrections or clarifications have been dealt with; and
- the agreed invoice has been paid.
Once payment has been received, I may begin the substantive planning work, prepare your detailed estate planning report where this forms part of the agreed service, and prepare the relevant estate planning documents.
The detailed estate planning report forms part of the paid service and may explain the planning discussed, the recommendations made, the reasons for those recommendations, and any relevant benefits, limitations or practical considerations.
If you decide not to proceed before payment is made, no substantive planning work or document preparation will usually take place and no fee will usually be payable, unless something different has been agreed with you in writing.
Where you ask me to begin work during any applicable statutory cancellation period, the provisions in the cancellation section of these Terms will apply.
7. Your Responsibility to Provide Accurate Information
Estate planning documents depend heavily on accurate information.
You agree to provide complete and accurate information to the best of your knowledge. This may include information about:
- your full name and address;
- marital or relationship status;
- children, beneficiaries and family circumstances;
- property ownership;
- assets and liabilities;
- existing Wills, trusts or Lasting Powers of Attorney;
- executors, trustees, attorneys and guardians;
- inheritance tax concerns;
- business or agricultural assets;
- health, capacity or vulnerability concerns where relevant;
- any circumstances that may affect your planning.
I am not responsible for errors, delays, unsuitable planning or unintended outcomes caused by inaccurate, incomplete, unclear or withheld information.
8. Checking Your Client Summary
The Client Summary is your opportunity to confirm that I have correctly recorded the information and planning instructions that will be used to prepare your documents.
You are responsible for checking the Client Summary carefully before substantive planning work and document preparation begin.
This includes checking:
- names;
- addresses;
- dates of birth;
- spelling;
- relationship details;
- executors;
- trustees;
- attorneys;
- guardians;
- beneficiaries;
- gifts;
- property details; and
- planning instructions.
If anything is incorrect, incomplete, unclear or has changed, you must tell me as soon as possible.
I take care when preparing documents, but I rely on the information and instructions you provide. If incorrect or incomplete information is supplied or confirmed, this may affect the planning or final documents prepared for you.
9. Drafting and Personalised Documents
Wills, Lasting Powers of Attorney, trusts and related estate planning documents are prepared specifically for your personal circumstances and the instructions confirmed through the Client Summary.
Before document preparation begins, you will be given the opportunity to review and confirm the key information and instructions recorded in your Client Summary. This forms an important part of my checking process and allows any errors, omissions or changes to be identified before your final documents are prepared.
Once you have reviewed and confirmed the Client Summary, I will normally prepare a draft copy of your Will for review before the final executable Will is issued. The draft is provided for checking purposes only and must not be signed or treated as the final Will. It will be clearly marked as a draft.
You should check the draft carefully and tell me if anything is incorrect, incomplete or does not reflect your instructions. Once you have confirmed that the draft is correct, I will prepare and issue the final Will for signing.
Because these documents are tailored to you, they cannot usually be reused for another person or purpose.
You must not copy, amend, reuse, sell or adapt documents prepared by DA Estate Planning for anyone else without my written permission.
10. Changes to Your Instructions
If you wish to change your instructions, please tell me as soon as possible.
The Client Summary is provided so that you can check the key planning details before substantive work and preparation of your final documents begin. It is not a draft Will, LPA, trust deed or other legal document, but it summarises the planning, people involved and instructions that will be used when preparing your documents.
Once you have reviewed and confirmed the Client Summary and any necessary corrections or clarifications have been dealt with, I will normally prepare a draft Will for your review before the final Will is issued for signing. Drafts of other estate planning documents may be provided where appropriate.
Minor corrections, such as spelling errors or factual corrections, may be made without additional charge where appropriate.
If you ask for more substantial changes after confirming the information and instructions contained in the Client Summary, or after documents have been prepared, an additional fee may apply. This will depend on the nature of the change, the stage reached, and whether documents need to be rewritten, reprinted or resent.
Where a genuine issue arises, I will consider the circumstances fairly and explain any additional cost before carrying out further work.
11. Errors, Reprints and Reissue Fee
If final documents are issued and an error has been caused by DA Estate Planning, I will correct the error and reissue the affected documents at no additional cost.
If documents need to be reprinted or reissued because information previously supplied or confirmed by you was incorrect, incomplete or subsequently changed, a reprint and reissue fee may apply.
The current reprint and reissue fee is £24, which covers reprinting, binding and postage.
This is not intended as a penalty. It simply covers the additional cost of replacing documents where the issue was not caused by DA Estate Planning.
12. Signing and Witnessing Documents
Some estate planning documents, particularly Wills and Lasting Powers of Attorney, must be signed and witnessed correctly in order to be valid.
I will provide written signing guidance where appropriate and may also provide access to video guidance explaining the signing process. You are responsible for following these instructions carefully.
For Wills, I offer the option of a supervised signing appointment by live video call at no additional charge. During the appointment, I will guide you through and observe the signing process. You must ensure that the two required witnesses are physically present with you and are suitable to act as witnesses. I do not act as a witness during a video appointment, and the appointment does not replace the legal requirement for the Will to be signed and witnessed correctly.
If you choose not to use the supervised signing service, you may sign your Will using the written and/or video signing guidance provided.
For Wills, I will normally ask you to confirm once your Will has been signed and to provide clear photographs or electronic copies of each page of the executed Will. This enables me to carry out an execution check against the final document issued to you.
This execution check is provided at no additional charge.
An execution check is a review of the copy or photographs provided to identify any apparent signing, witnessing, completion or document errors. It does not constitute independent verification of everything that occurred when the Will was signed and does not replace your responsibility to follow the signing and witnessing instructions provided.
Where I supervise signing by live video call, I can observe the signing process and provide guidance, but I cannot independently verify matters outside what can reasonably be seen or established during the appointment.
If an apparent execution problem is identified, I will contact you and explain what further action may be required. This may include reprinting and re-executing the Will.
If I have not received confirmation that your Will has been executed, I may contact you to remind you to complete the signing process or provide confirmation. If confirmation is not provided after reasonable follow-up, I may record the Will as execution not confirmed.
A Will does not take effect merely because it has been prepared or issued. It must be correctly executed in accordance with the applicable legal requirements.
Where reprinting is required because signing instructions were not followed, the £24 reprint and reissue fee may apply.
13. Lasting Powers of Attorney
Lasting Powers of Attorney require careful signing by the donor, certificate provider, attorneys and witnesses.
I may offer different levels of LPA support depending on your needs.
LPA Guided Completion Service
Under the Guided Completion Service, I prepare the LPA documents and send them to you with written instructions and, where available, video guidance.
You are responsible for arranging the signing, witnessing and completion of the documents, and for sending them to the Office of the Public Guardian if that is part of the service selected.
This option may suit clients who are comfortable managing the signing process themselves.
If signing mistakes are made because the instructions were not followed, and the documents need to be reprinted, the £24 reprint and reissue fee may apply.
LPA Full Checking Service
Under the Full Checking Service, the documents may be returned to DA Estate Planning at different stages so that they can be checked before being sent on to the next person or submitted to the Office of the Public Guardian.
This service involves more administration and postage, but it can reduce the risk of errors before registration.
The exact level of support included will be confirmed before you proceed.
14. Office of the Public Guardian Fees
The Office of the Public Guardian charges registration fees for Lasting Powers of Attorney.
These fees are separate from my fees unless confirmed otherwise in writing.
The Office of the Public Guardian controls registration timescales and may reject or delay an application if there are signing errors, missing information or other issues outside my control.
15. Trust Planning
Trust planning is a key part of the estate planning service provided by DA Estate Planning.
Where appropriate, I will explain the purpose, benefits, limitations and practical considerations of different trust structures, including Protective Trust Wills, Family Gift Trusts, Probate Preservation Plus Trusts and wider lifetime trust planning.
The aim is to help you understand how trusts may be used to protect family wealth, preserve assets for future generations, support inheritance tax planning, and provide greater control over how assets are managed and passed on.
Trust planning must always be suitable for your circumstances. No trust should be viewed as a guaranteed way to avoid inheritance tax, care fees, divorce claims, creditor claims or other third-party risks. Suitability depends on your circumstances, the law at the time, and how the planning is structured and operated.
Some trust arrangements may involve additional professional work, such as conveyancing, tax reporting, trustee administration, financial advice or specialist legal input. Where this is required, I will explain this clearly and help identify the next appropriate step.
16. Inheritance Tax Planning
I may discuss inheritance tax as part of your estate planning, including matters such as nil rate bands, residence nil rate bands, lifetime gifting, gifts out of surplus income, trust planning and how different structures may affect your estate.
Any inheritance tax planning is based on the information you provide and the law in force at the time advice is given.
Tax rules may change. If your circumstances are complex, or if specialist tax calculations, accountancy advice or regulated financial advice are required, I may recommend that you seek advice from an appropriately qualified professional.
17. Care Fees and Means Testing
Concerns about future care fees are often one of the reasons clients want to discuss estate planning, particularly where the family home or other key assets are involved.
Where relevant, I will explain how different planning options may interact with future care-fee assessments, including the potential benefits, limitations and risks. Any advice will be considered as part of wider estate planning, including your family circumstances, health, age, assets, wishes and long-term objectives.
It is important to understand that no arrangement can guarantee that assets will be excluded from a local authority financial assessment. Local authorities may consider whether assets have been deliberately deprived, transferred or placed into trust to reduce care-fee liability, and the outcome will depend on the circumstances at the time.
The aim of the planning is to create a suitable and robust estate planning structure, not simply to avoid care fees.
18. Fees and Payment
Fees will be confirmed before you proceed.
Unless otherwise agreed in writing, payment is required before substantive planning work, preparation of any detailed estate planning report included within the service, or document preparation begins.
Payment of the invoice confirms that you would like me to proceed with the agreed service, subject to any statutory cancellation rights that apply.
If payment is not received, I will not usually begin substantive work or prepare your documents.
If you decide not to sign or use documents after the work has been completed, the fee may still remain payable because the agreed professional work has already been carried out.
19. Cancellation After Payment
Payment of the invoice confirms that you would like to proceed with the agreed estate planning service.
Where you are acting as a consumer and the service is agreed online, by telephone, by email, by video meeting or away from business premises, you will usually have a legal right to cancel the contract within 14 days.
If you would like me to begin work before the end of that 14-day cancellation period, you will be asked to confirm in writing that you want the service to begin immediately.
If you request that work begins during the cancellation period and subsequently cancel before the service has been completed, I may retain or deduct a reasonable amount to reflect the work actually carried out up to the time you cancel.
For clarity, the following stages provide a guide to the amount of work that will normally have been completed:
Before substantive paid work has begun:
Full refund.
Detailed planning work or estate planning report begun:
Up to 25% of the agreed fee may be retained, depending on the work completed.
Estate planning report substantially completed and/or document preparation begun:
Up to 50% of the agreed fee may be retained, depending on the work completed.
Final documents substantially prepared or completed:
A greater proportion of the fee may be retained, reflecting the work completed.
Final documents printed, bound or dispatched:
The full fee may remain payable where the agreed service has been substantially or fully completed.
Any amount retained will be based on the work actually completed and will not be applied as an automatic cancellation penalty.
Reasonable third-party costs already incurred, including registration fees, printing, binding, postage or courier charges, may also be taken into account where permitted by law.
If the agreed service is fully completed during the 14-day cancellation period at your express request, you may lose your statutory right to cancel once the service has been fully performed, provided the legal requirements for this have been met.
If you do not request that work begins during the cancellation period, substantive work will normally be delayed until the cancellation period has expired.
This section does not affect your statutory rights.
20. VAT
VAT is not charged on DA Estate Planning fees.
21. Delivery and Postage
Documents may be provided electronically, by post, or by a combination of both, depending on the service being provided and the nature of the documents.
Where an original Will or other document is supplied for signing, I may also provide an electronic PDF copy for your records. Any electronic copy supplied for reference is not intended to replace the original document and should not be printed, signed or treated as an original unless I specifically instruct you to do so.
Physical documents may be sent using Royal Mail or another suitable postal or courier service. For original or important documents, tracked, signed-for or other appropriate delivery services may be used where considered suitable.
Once documents have been passed to a postal or courier service, I am not responsible for delays, disruption or other events outside my reasonable control. If documents are lost or damaged in transit, I will provide reasonable assistance in investigating the matter and, where appropriate, arranging replacement documents.
Where replacement documents are required because of loss or damage occurring after delivery, or because signing or witnessing instructions have not been followed correctly, additional reprint, postage or reissue charges may apply in accordance with these Terms of Business.
22. Client Documents Sent by Post
Where you send documents to DA Estate Planning, you are responsible for using a suitable postal method.
For signed Wills, LPAs, deeds or other important original documents, I recommend using a tracked or signed-for service.
I am not responsible for documents before they are received by me.
23. Delays
I will make reasonable efforts to complete work within the timescales discussed with you.
Delays may occur if:
- information is missing or unclear;
- payment is delayed;
- you ask for changes;
- documents need to be reissued;
- third-party input is required;
- documents are delayed in the post;
- the Office of the Public Guardian or another third party is involved;
- events occur outside my reasonable control.
I will keep you updated where possible.
24. Third Parties
Some services may involve third parties, such as:
- the Office of the Public Guardian;
- professional trustees;
- trust corporations;
- solicitors;
- conveyancers;
- tax advisers;
- accountants;
- secure document storage providers;
- technology or software providers.
Unless otherwise agreed in writing, I am not responsible for the independent professional advice, fees, delays, acts or omissions of third parties separately instructed by you or providing services under their own terms and conditions.
Nothing in this section excludes any responsibility I may have for services provided on my behalf or any liability which cannot lawfully be excluded.
25. Secure Storage and Ongoing Services
Where secure document storage, Will registration, update services or annual review services are offered, the details, fees and cancellation arrangements will be confirmed separately.
If an ongoing service depends on an annual payment and that payment is not maintained, the service may stop.
Unless you have subscribed to an ongoing review or update service, I am not responsible for monitoring changes in your circumstances or reminding you to update your documents.
26. Reviewing Your Planning
Estate planning should be reviewed regularly.
You should consider reviewing your documents after important life events, including:
- marriage or civil partnership;
- divorce or separation;
- birth or adoption of children;
- death of an executor, trustee, attorney or beneficiary;
- changes in property ownership;
- major changes in assets;
- business changes;
- inheritance;
- changes in health or care needs;
- changes in tax law or estate planning rules.
Your documents may become unsuitable if your circumstances or the law changes.
27. Problems, Questions or Complaints
If you have a question or concern, please contact me as soon as possible.
My aim is to deal with any issue fairly, clearly and promptly. Many issues can be resolved quickly if they are raised at an early stage.
If you wish to make a formal complaint, please provide your complaint in writing by email or post, setting out:
- your full name and contact details;
- the service or matter your complaint relates to;
- the nature of your concern;
- any relevant dates, documents or correspondence;
- what outcome you are seeking, where appropriate.
Complaints should be sent to:
Email: enquiries@daestateplanning.co.uk
Post:
DA Estate Planning
Hunters Lodge
Ash Grange
Ash Road
Whitchurch
Shropshire
SY13 4DH
I will acknowledge your complaint as soon as possible and no later than 7 days after receipt.
I will aim to provide a formal written response within 14 days of receiving the complaint. If this is not possible, I will explain why and provide a formal response as soon as possible, and in any event no later than 28 days after the complaint is received.
If an error has been caused by DA Estate Planning, I will take reasonable steps to correct it.
If your complaint cannot be resolved satisfactorily, and DA Estate Planning or David Atkins is a member, associate or affiliate of the Society of Will Writers and Estate Planning Practitioners at the relevant time, you may be able to refer the matter to the Society of Will Writers.
Nothing in this section prevents you from seeking independent legal advice or pursuing any rights or remedies available to you by law.
28. My Responsibility to You
I will provide my services with reasonable care and skill.
I am responsible for foreseeable loss or damage caused by my failure to use reasonable care and skill or otherwise caused by my breach of these Terms.
I will not normally be responsible for loss or damage to the extent that it results from circumstances for which I am not responsible, including:
inaccurate, incomplete, unclear or withheld information supplied by you;
documents being signed or witnessed incorrectly where the signing instructions provided were not followed;
changes in the law after your documents have been prepared;
changes in your circumstances after your documents have been prepared where I have not been informed or instructed to review your planning;
the independent acts or omissions of third parties who are not acting on my behalf;
postal, courier or other delivery delays outside my reasonable control;
tax, financial or other outcomes requiring specialist advice which falls outside the scope of the service I agreed to provide; or
your failure to review or update your planning following a material change in your circumstances.
Nothing in these Terms excludes or limits any responsibility or liability which cannot lawfully be excluded or limited, including your statutory consumer rights.
29. Personal Information
I will use your personal information to provide estate planning services, communicate with you, prepare documents, process payments, maintain appropriate records and comply with legal obligations.
Estate planning often involves personal and sensitive information. This may include details about your family, health, finances, property, beneficiaries, wishes and personal circumstances.
Copies, scans or photographs of signed or executed documents may be retained as part of your client record for the purposes of document checking, evidencing completion of the service, record keeping and dealing with future queries, complaints or claims.
Further information about how your personal data is collected, used, stored and protected is set out in my Privacy Notice.
DA Estate Planning is registered with the Information Commissioner’s Office.
ICO registration number: 00015379381
30. Communication and Security
I may communicate with you by email, telephone, WhatsApp Business, SMS, post or Google Meet.
Where sensitive documents are sent electronically, they may be password protected. Passwords or access details may be sent separately where appropriate.
You are responsible for keeping your own email account, phone, devices and passwords secure.
31. Website Information and Formation of the Client Relationship
Information on my website is provided for general information only.
It does not create a client relationship and should not be treated as advice tailored to your personal circumstances.
A free consultation, by itself, does not create an obligation on either you or DA Estate Planning to proceed with the substantive estate planning service.
A client relationship for the paid estate planning service will normally be formed when I have agreed to provide the service and you confirm that you wish to proceed, usually by payment of the relevant invoice.
Any service provided will then be subject to these Terms of Business and any statutory rights that apply.
The version of these Terms of Business provided to you before you agree to proceed will apply to your instruction. Any later changes to these Terms will not retrospectively alter an existing agreement unless we agree otherwise in writing.
32. Intellectual Property
Documents, templates, reports, summaries, guidance notes, website content and other materials prepared by DA Estate Planning remain my intellectual property unless otherwise stated.
You may use documents prepared for you for your own personal estate planning purposes.
You must not copy, reproduce, adapt, upload, publish, distribute, sell or provide them to others for reuse without my written permission.
33. Events Outside My Control
I will not be responsible for delays or failure caused by events outside my reasonable control, including postal disruption, illness, technology failure, internet outage, power failure, third-party delay, natural disaster, government action or other unforeseen events.
34. Transferring Rights
You may not transfer your rights or obligations under these terms to another person without my written agreement.
I may use third-party service providers where reasonably necessary to provide the service, provided this does not affect your statutory rights.
35. If Part of These Terms Cannot Apply
If any part of these terms is found to be invalid, unlawful or unenforceable, the remaining terms will continue to apply.
36. Governing Law
These terms are governed by the law of England and Wales.
The courts of England and Wales will have jurisdiction, subject to any consumer rights that may allow you to bring proceedings in another part of the United Kingdom.
37. How to Cancel
If you wish to cancel after agreeing to proceed, you must let me know by a clear statement that you wish to cancel. You may do this by email or post.
Email: enquiries@daestateplanning.co.uk
Post:
DA Estate Planning
Hunters Lodge
Ash Grange
Ash Road
Whitchurch
Shropshire
SY13 4DH
Your cancellation should include enough information for me to identify you and the service concerned, such as:
your full name;
your address;
your telephone number;
the service you asked DA Estate Planning to provide; and
the date you agreed to proceed, if known.
You do not need to give a reason for cancelling or use any particular wording. However, you may use the following wording if helpful:
I wish to cancel my agreement with DA Estate Planning for the estate planning service I instructed.
To meet any applicable statutory cancellation deadline, it is sufficient for you to send your cancellation communication before the cancellation period has expired.
Any refund due will be considered in accordance with these Terms of Business, including the work completed up to the point of cancellation and any reasonable third-party costs already incurred.