Privacy Policy/Price Transparency/Complaints Procedure

WEBSITE PRIVACY POLICY

1. General

This Privacy Policy sets out how we, Flackwoods Solicitors, obtain, store and use your personal information when you use or interact with our website, https://flackwoods.co.uk/.

Please note that if you enlist our services, both parties may enter into a separate agreement that will govern the processing of all information and data collected by our firm in connection with the service, including some data collected through our website. Such agreement takes precedence over any conflicting provision in this Privacy Policy.

This Privacy Policy is effective from 10th May 2018.

2. The information that we collect and where we get it from

We collect or obtain your information:

• when you provide it to us (e.g. by contacting us);
• from your use of our website via cookies (such as the type of browser you are using, the type of operating system you are using, and the domain name of your Internet service provider); and

We do not collect personally identifiable information about you unless you choose to fill out a form, found on many of the pages of the site or to email us directly.

The personal information that we process includes:

• basic information, such as your name (including name prefix or title), the company you work for, your title or position and your relationship to a person;
• contact information, such as your postal address, email address and phone number;
• Financial information, such as payment-related information;
• Identification and background information provided by you or collected as part of our business acceptance processes; and
• Any other information relating to you which you may provide to us.

We do automatically collect certain non-personally identifiable information when you visit our site – such as the type of browser you are using, the type of operating system you are using, and the domain name of your Internet service provider.

3. How we use the information we collect

We use non-personally identifiable information to analyse site usage (such as aggregated information on the pages visited by our users), which allows us to improve the design and content of our site.

We may do the following with your personal information:

• to respond to your inquiry or form you have completed on various sections of our Website;
• use it to provide legal services;
• use it to engage in marketing and business development activity in relation to our legal services. This may include sending you newsletters, legal updates, marketing communications and other information that may be of interest to you;
• to comply with legal and regulatory obligations that we have to discharge; and
• use it for our legitimate business interests, such as undertaking business research and analysis, managing the operation of our websites and our business.

4. Grounds for using your personal information

We rely on the following legal grounds to process your personal information, namely:

• Consent– we may (but usually do not) need you consent to use your personal information. You can withdraw your consent by contacting us (see below).
• Performance of a contract– we may need to collect and use your personal information to enter into a contract with you or to perform our obligations under a contract with you.
• Legitimate interest– we may use your personal information for our legitimate interests, some examples of which are given above.
• Compliance with law or regulation– we may use your personal information as necessary to comply with applicable law/regulation.

5. How we share information with third parties

We do not sell or rent your personal information to third-parties.

We may share your personal information with third parties, only to the extent necessary to run our business, provide a service to you, comply with the law, enforce our legal rights or because you have provided consent.

This may include the following.

• Third party agents/suppliers or contractors, in connection with the processing of your personal information for the purposes described in this Policy. This may include, but is not limited to, website hosting, IT and communications service providers.
• Third parties relevant to the services that we provide.
• To the extent required by law, regulation or court order, for example, if we are under a duty to disclose your personal information in order to comply with any legal obligation.
• Where it is reasonably necessary for the establishment, exercise or defence of a legal or equitable claim, or for the purposes of a confidential alternative dispute resolution process.

6. Links to other websites

Our website may contain links to other websites run by other organisations. This privacy policy applies only to our website‚ so we encourage you to read the privacy statements on the other websites you visit. We cannot be responsible for the privacy policies and practices of other sites even if you access them using links from our website.

In addition, if you linked to our website from a third-party site, we cannot be responsible for the privacy policies and practices of the owners and operators of that third party site and recommend that you check the policy of that third party site.

7. Website forms

Any forms which are available on our website are powered by Jotforms also bound by the EU General Data Protection Regulations.

When you fill out a form, the data that you submit will be forwarded to Jotforms and will be collated into an email and sent to us.

The data that you submit via the form will not be stored within this website’s own database or in any of our internal computer systems.

Your data will remain within Jotform’s secure database in the EU for as long as we continue to use Jotform’s services or until you specifically request removal by emailing us.

We consider JotForm to be a third party data processor.
For more information, please see https://www.jotform.com/privacy/

8. Transferring your information outside of Europe

We may transfer your personal information outside of the European Economic Area.

If we do transfer your personal data outside the EEA:

• it will be because you have consented or because we have a legal reason to do so; and
• we will take steps to ensure that appropriate security measures are taken with the aim of ensuring that your privacy rights continue to be protected as outlined in this Policy.

9. 16 or Under

We are concerned to protect the privacy of children aged 16 or under. If you are aged 16 or under‚ please get your parent/guardian’s permission beforehand whenever you provide us with personal information.

10. Keeping your information and information security

How long we hold your personal information for will vary and will depend principally on:

• the purpose for which we are using your personal information – we will need to keep the information for as long as is necessary for the relevant purpose, and
• legal obligations – laws or regulation may set a minimum period for which we have to keep your personal information.

We will ensure that the personal information that we hold is subject to appropriate security measures.

11. Cookies

A cookie is a piece of data stored on a user’s hard drive containing information about the user. The information below explains the cookies we use on our website and why we use them:

• Google Analytics cookies: we use these cookies to collect information about how visitors use our website, including details of the site where the visitor has come from and the total number of times a visitor has been to our website. We use the information to improve our website and enhance the experience of its visitors.

You can enable or disable cookies by modifying the settings in your browser. You can find out how to do this, and find more information on cookies, at: www.allaboutcookies.org.

12. Your choices and rights

You have a number of legal rights in relation to the personal information that we hold about you and you can exercise your rights by contacting us using the details set out below.

These rights include:

• Obtaining information regarding the processing of your personal information and access to the personal information which we hold about you. Please note that there may be circumstances in which we are entitled to refuse requests for access to copies of personal information. In particular, information that is subject to legal professional privilege will not be disclosed other than to our client and as authorised by our client.
• Requesting that we correct your personal information if it is inaccurate or incomplete.
• Requesting that we erase your personal information in certain circumstances. Please note that there may be circumstances where you ask us to erase your personal information but we are legally entitled to retain it.
• Objecting to, and requesting that we restrict, our processing of your personal information in certain circumstances. Again, there may be circumstances where you object to, or ask us to restrict, our processing of your personal information but we are legally entitled to refuse that request.
• In some circumstances, receiving some personal information in a structured, commonly used and machine-readable format and/or requesting that we transmit those information to a third party where this is technically feasible. Please note that this right only applies to personal information which you have provided to us.
• Withdrawing your consent, although in certain circumstances it may be lawful for us to continue processing without your consent if we have another legitimate reason (other than consent) for doing so.
• Lodging a complaint with the relevant data protection authority, if you think that any of your rights have been infringed by us. We can, on request, tell you which data protection authority is relevant to the processing of your personal information.

13. Changes to our privacy policy

This privacy policy may change from time to time inline with legislation or industry developments. We will not explicitly inform our clients or website users of these changes. Instead, we recommend that you check this page occasionally for any policy changes.

14. How to contact us and other important information

If you would like further information on the collection, use, disclosure, transfer or processing of your personal information or the exercise of any of the rights listed above, please contact us. You can do this by writing to us at [email protected].

PRICE TRANSPARENCY

Ian Flack, principal solicitor, will carry out all of the work on your matter and is ultimately responsible for the supervision of your matter.  As at December 2018, his hourly charge is £195.00 plus VAT at the current rate.  We will update you by telephone, email or in writing with progress on your matter at least monthly. We will review your matter regularly.  In almost every case you will be given a fixed price or a costs cap which incorporates this hourly charge.

Please call us on 01403 738777, email [email protected] or come to our offices at Flackwoods Solicitors 22 Lintot Square Southwater Horsham West Sussex RH13 9LA to obtain fixed prices for Wills, Lasting Powers of Attorney, Trusts and other legal advice.  With regards to estate administrations we invite you to contact us with a view to obtaining a costs cap and a time estimate.

For transparency we set out below typical charges where we are asked to apply for a Grant of Probate and typical charges for where we are asked to apply for a Grant of Probate, collect and distribute the estate assets.  Finally, below, we set out our general estate administration and trust administration charges where no fixed cost is agreed beforehand in writing.

1)

Application for a Grant of Probate Only (where gross estate for Inheritance Tax purposes is less than £325,000)

We can help you through this process by obtaining the Grant of Probate on your behalf. This option is a limited role and therefore we will not undertake the collecting and distributing of assets, for example.

What is the cost for this service?

There are many variations of estates and so we will provide a cost on the basis of the following circumstances:

• There is a valid Will in hand with one executor
• There is one beneficiary who inherits an absolute interest
• There are no claims being made against the estate
• There is no inheritance tax payable and the executor does not need to submit a full account to HMRC or an IHT217 form

TOTAL: We anticipate this will take anywhere from 4 to 6 hours work at our firm’s hourly rate of £195.00 + VAT per hour. This equates to £780.00 – £1,170.00 +VAT

There are also disbursements payable as follows:

• Probate court fee of £155.00.  Official copies of Grant (£0.50p each)
• £7.00 Swearing of the oath

This is correct as at December 2018 and hourly rates are reviewed annually.

If you have any variations of Grant of Probate applications or applications for Letters of Administration please contact us for a free half hour.  This may total the same as above, more or less.  We’ll give you a costs cap and an accurate time estimate.

As part of our fee we will:

• Provide you with a dedicated and experienced probate solicitor to work on your matter
• Accurately identify the type of Probate application you will require
• Obtain the relevant documents required to make the application
• Complete the Probate Application and the relevant HMRC forms
• Draft a legal oath for you to swear
• Make the application to the Probate Court on your behalf
• Obtain the Probate and send it to you

Typically, Grant of Probate applications that fall within this range are dealt with in around 4-6 weeks.

2)

Helping with the general administration of the estate (applying for the Grant of Probate, collecting and distributing the assets)

We can help you through this process by obtaining the Grant of Probate on your behalf. This option is a role where you may decide to work with us to deal with the administration of leave it all to us.  We will deal with collecting and distributing all or some of the assets.

What is the cost for this service?

There are many variations of estates and instructions and so we will provide a cost on the basis of the following circumstances:

• There is a valid will
• There is no more than one property
• There is no more than one bank or building society account
• There are no other intangible assets
• There is one beneficiary
• There is no dispute on division of assets. If disputes arise this is likely to lead to an increase in costs
• There is no inheritance tax payable and the executor does not need to submit a full account to HMRC or an IHT217 form
• There are no claims made against the estate

TOTAL: We anticipate this will take anywhere from 6 to 15 hours work at our firm’s hourly rate of £195.00 + VAT per hour. This equates to £1,180.00 – £2,925.00 +VAT.

There are also disbursements we must pay on your behalf

• Probate application fee of £155.00
• £7.00 Swearing of the oath
• Bankruptcy-only Land Charges Department searches (£1.00 per beneficiary) (if required)
• Post in The London Gazette – Protects against unexpected claims from unknown creditors – £TBC if required
• Post in a Local Newspaper – This also helps to protect against unexpected claims – £TBC if required

Potential additional costs

• If there is no will or the estate consists of any share holdings (stocks and bonds) there is likely to be additional costs that could range significantly depending on the estate and how it is to be dealt with. We can give you a more accurate quote once we have more information.
• If any additional copies of the grant are required, they will cost £0.50p each (1 per asset usually).
• Dealing with the sale or transfer of any property in the estate is not included.

This is correct as at December 2018 and hourly rates are reviewed annually.

The exact cost will depend on the individual circumstances of the matter. For example, if there is one beneficiary and no property, costs will be at the lower end of the range. If there are multiple beneficiaries, a property and multiple bank accounts, costs will be at the higher end.

If you have any variations of estate instructions please contact us for a free half hour.  The work may total the same as above, more or less.  We’ll give you a costs cap and an accurate time estimate.

On average, estates that fall within this range are dealt with in around 6 weeks to 3 months. Typically, obtaining the grant of probate takes at least 4 weeks. Collecting assets then follows, which can take between 2 weeks and 2 months. Once this has been done, we can distribute the assets, which normally takes a day or so.

3)

Flackwoods Solicitors General Charges and Expenses

As a regulated firm of Solicitors, we set out our terms of engagement for estate and trust administration charges where no price is agreed in writing beforehand.

We generally calculate our charges based on the hourly rate and the time engaged on your matter.  Time spent on your matter is recorded in units of six minutes, and fractional units are rounded up to the next whole unit.  For trust and estate administration charges, including where we are or act for executors, are based on 0.75% of deceased’s property and 1.5% of the remaining gross estate plus hourly rate, unless agreed different in writing.

We will periodically review our fixed rate work and our hourly rates set out in the Letter of Engagement and reserve the right to vary them at any time by written notice to you.

In the administration of trusts and estates and in transactions involving a substantial financial consideration fees may be calculated both by reference to the time spent and also by reference to a value element.  This will be assessed on the price of the property, the size of the estate or the value of the financial benefit (as the case may be).  The value element reflects the importance of the transaction to you and, for example where Ian Flack is appointed executor, the consequent responsibility falling on this Firm.

We will also have to pay expenses on your behalf (such as Court fees) and these are shown separately on our invoices.  Unless you ask us to do so, we will not usually check with you before paying expenses on routine items.  You will have to repay us for any payments we make on your behalf.  We are under no obligation to effect such payments on your behalf unless cleared funds have first been provided by you for that purpose.

Unless zero rating or an exemption applies, we will add VAT to our charges and certain expenses at the rate which applies the work is done.  Our VAT number is 931 6621 33.

COMPLAINTS

We are committed to high quality legal advice and client care.  If you are unhappy about any aspect of the service you have received or the bill please contact Ian Flack on 01403 738777 or by post at Flackwoods 22 Lintot Square Southwater Horsham West Sussex RH13 9LA.  We have a procedure in place which details how we handle complaints which is available by asking for it in writing.  We have eight weeks to consider your complaint.  If we have not resolved it within this time you may complain to the Legal Ombudsman (PO Box 6806, Wolverhampton WV1 9WJ tel 0300 5550333) to consider the complaint.  Normally, you will need to bring a complaint to the Legal Ombudsman within six months of receiving a final written response from us about your complaint or within six years of the act or omission about which you are complaining occurring (or if outside of this period, within three years of when you should reasonably have been aware of it).  You may also have a right to apply to the Court for an assessment of a bill under Part III if the Solicitors Act 1974.  If all or part of a bill remains unpaid we may be entitled to charge interest.