Keep your cool when cancelling a will

Much like other services, will writing also gives a 14-day cooling-off period. This conforms with the rights of a consumer under the Consumer Contracts Regulation 2013 (s.30) and is detailed specifically in regards to will writers of the Society of Will Writers (SWW) under their Code of Practice 6.2 4a. Any member of the SWW is required to operate their services in line with this code.

Should a client change their mind and wish to cancel their will, the 2013 Regulations require any money paid in respect of client document preparation to be refunded in full, so long as this had occurred within 14 days of agreeing instruction.

If a cancellation waiver has been signed, reasonable costs are able to be recovered by the member if a client makes the decision to cancel.

The cooling-off period may be extended where the client is not provided with the relevant information on their right to cancel. This is provided under s.31 of the 2013 Regulations. Under 6.2 4b, the SWW Code of Practice contains both general and specific information which a member must provide a client with. Contained within this is the Notice of Right to Cancel. If when the contract is signed, information regarding the right to cancel is not provided, certain conditions will apply to the cooling-off period:

  • If a client is given the Notice of Right to Cancel within the 12 months following the contract agreement, the cooling-off period closes 14 days after this information is received.
  • If the information is not provided at all, the cancellation period ends 12 months and 14 days after the day the period should have come to a close.
  • Until this cancellation period ends, a Member will be unable to enforce the contract.
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