This Agreement was last modified on 21st June 2020.
Welcome to My Probate Partner's Terms and Conditions of use. My Probate Partner is the trading name of DIY Executor Ltd (‘the company’), a company registered in Scotland under the registered number SC612617. The registered office can be found at 4th Floor, 5 Rose Street, Edinburgh, EH2 2PR.
1. Introduction / General Use
Thanks for choosing My Probate Partner. Along with providing free guides, My Probate Partner helps executors produce completed confirmation forms (C1 and C5) with the correct wording and formatting required by Scottish Sheriff Courts. It does this by way of an online portal that allows you to input the details of someone’s estate that are required to apply for confirmation. People's estates' can vary tremendously in levels of complexity, therefore it is impossible for us to provide guides for every eventuality. If you are unsure about what you are doing you should always seek the advice of a professional. My Probate Partner is not a legal firm and cannot provide you with legal or tax advice.
2. Scope of Use/ Acceptable Use Policy – Using Our Service
The My Probate Partner Service and content are the property of My Probate Partner. This service is provided for individual use only and should not be used in relation to any sort of business activity. It is a service used for domestic and private use only. The use of this service and its content is limited, non-exclusive and revocable. The use of this access shall remain effective until terminated by you or My Probate Partner.
Any resources are strictly for personal use only and should not be modified or shared. By accessing and using this service, you accept and agree to be bound by the terms and provision of this agreement. Any participation in this service will constitute acceptance of this agreement. If you do not agree to abide by the above, please do not use this service.
The company reserves the right to modify these Terms of Service at any time. We do so by posting and drawing attention to the updated terms on the website. Please, therefore, make sure to read the new terms carefully. Your decision to continue to visit and make use of the website after such changes have been made constitutes your formal acceptance of the new Terms of Service.
Therefore, we ask that you check and review this Agreement for such changes on an occasional basis. Should you not agree to any provision of this Agreement or any changes we make to this Agreement, we ask and advise that you do not use or continue to access the site immediately. This includes terminating your account. Furthermore, if you continue to use the website, we will take this as your acceptance and agreement to be bound by the terms and provisions of the updated agreement.
4. Payment Terms
After entering the estate details, you will have the option to pay. In exchange for payment, you will receive:
1. A 1-on-1 phone call with one of our estate administration specialists to run through your forms and answer any questions you may have.
2. Fully completed and checked PDF versions of the C1 and C5 sent to you by email.
3. Your next steps for completing and sending your application to the Sheriff Court.
My Probate Partner may change the price of our products and services at any time. If you do not accept the change in price, please do not carry on with your transaction. However, you can continue to use My Probate Partner’s free services if you do not wish to pay. All processing of payments will be completed through Stripe Payments Europe, Ltd. Currently, we accept payments of the Great British Pound (GBP). Subsequently, if you are unsatisfied with the service after you have paid, we offer a 30-day money-back guarantee.
Furthermore, in some cases, you may wish to engage with a third party to provide further services. My Probate Partner will not be held liable for any outside additional fees. This includes any cases whereby you may need to engage lawyers, estate agents, accountants, surveyors or any further outside parties when dealing with the estate in question. This also includes any additional fees when applying for Confirmation in Scotland or Probate in another country.
These agreements will apply to you until terminated by either you or My Probate Partner. The company reserves the right to terminate your access to the Site if it is found you are in breach of the terms and conditions stated in this document.
6. Confidentiality/ Personal Data
We understand the information you input throughout the use of our service is private and confidential in nature and we ensure to hold this in a secure manner. Therefore, the information you disclose and input throughout the use of our service will be used solely for the purpose of the My Probate Partner service.
Furthermore, nothing in this Agreement will prevent My Probate Partner from making any disclosure of confidential information when required by law or by any competent authority for any legitimate reason.
7. Data Protection
My Probate Partner understands that your privacy is extremely important. We’re committed to respecting your privacy and protecting your data throughout your journey with us.
8. Intellectual Property Rights
My Probate Partner is the owner or licensor of this website. Copyright in the website, any logos or trademarks, trading names, text, images, design, layout and appearance of the website, including graphics contained in this website, are owned by My Probate Partner. All rights reserved. However, we do provide external sources of information and do not claim any rights to these.
9. Warranties and Disclaimers
You understand by using the My Probate Partner service that it is a service provided “as is” with no express or implied warranty of any kind. While we take care to develop what we believe are helpful and accessible materials as part of our service, we cannot guarantee or therefore warrant that our materials absolutely reflect the law on estate and probate management.
We base our materials on personal experience and on publicly available information, including government guidance in this area, and we work hard to present this in a way which is easy to follow, easy to understand, and easy to track progression to provide a good user experience. However, we are not providing legal advice and would always recommend that legal advice should be taken from a qualified solicitor who specialises in this area if you have any concerns about your own particular requirements.
Furthermore, we are also not responsible for any mistakes which you make in relation to an executry or estate following use of our Service or for any misunderstanding or misapplication of the materials and guidance provided through our Service.
10. Governing Law
These website terms and conditions and any claim or dispute that arises through the use of this website will be governed by and interpreted in accordance with Scots Law and the Laws of the United Kingdom including England, Wales and Northern Ireland. Furthermore, you and My Probate Partner both agree that the courts residing in the Scots Law and United Kingdom Law jurisdiction are capable of resolving any dispute, claim or controversy that arises in connection with these agreements.
11. Liability Provisions
Here at My Probate Partner, we like to provide as much help and support as possible. However, except as otherwise provided by law, My Probate Partner shall not be liable for any loss or damage, injury, claim or liability of any kind resulting from the use of this website. Furthermore, we do not exclude or limit in any way our liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors. This includes fraud or fraudulent misrepresentation or any matter for which it would be unlawful to exclude or restrict liability.
If you are a consumer and we fail to comply with these Terms, we are responsible for the loss or damage you suffer that is a foreseeable result of our breach of the Terms or our failure to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable.
Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by both you and us at the time we entered into this Agreement (for example, because you discussed it with us during the sale process). We are not liable to you for any business losses. If you use the Service for any commercial, business or re-sale purpose we will have no liability to you for such losses, including any loss of profit, loss of business, business interruption, or loss of business opportunity.
12. Links to Other Websites
Our Site contains a number of links to other websites and online resources that are not owned or controlled by the company.
1. To save your place to make things easier for you.
2. For analytical purposes to help us improve our service.
3. To allow us to advertise to people that have visited our website.
14. Contact Details
If you have any questions about this Agreement, please feel free to contact us at firstname.lastname@example.org.