Terms and conditions for wills and peace of mind package services

These are the terms and conditions on which Nest Legal Pty Ltd (ACN 619 351 398) offers you access to our wills and peace of mind package services.

We will prepare the documents based on the information that you provide us with in a questionnaire, any subsequent email communications and an interview.  We are not liable for any loss caused to you as a result of omissions or inaccuracies in your instructions to us, including but not limited to any challenges to your Will because of circumstances you have not told us about.

Once the documents are drafted, Nest Legal will provide them to you with instructions on how to have them signed, witnessed and stored. You understand that if you do not have the documents signed and witnessed as instructed, the documents may not have legal effect.  If you choose to post your Wills to us for storage, Nest Legal is not responsible for any loss or delay caused by Australia Post.  We offer a free storage service (to maximise the chance that your original Will can be located by your executor), however, this is at your own risk and it is your responsibility to advise your executor where the original Will is stored. We will not be liable for any direct or indirect loss or damage resulting from use of our Will storage service, including should there be fire or water damage. 

Fee

You authorise us to deduct your funds from our trust account to pay our costs after completion of your matter, being the time that your documents are sent to you. You will receive a tax invoice for your records informing you of the withdrawal prior to us so doing. You consent to receiving our invoice by email.  The fees are as follows (including GST, with a 10% discount if you are an existing client):

  • Single Will $330
  • Single Peace of Mind Package $440
  • Couple's Wills $550
  • Couple's Peace of Mind Package $660 

     Is there a SMSF? +$220 (excluding amendments to other documents)

     Is there a family trust, company or partnership? +$110 (per structure)

     Do you require a discretionary testamentary trust? +$330 (per trust)

If you purchase a Peace of Mind Package and it is subsequently determined that you do not require all elements of the package (eg you already have a Binding Death Nomination in place), the above fees still apply, subject to our discretion.

Duties

We will carry out the work required with professional skill and diligence.  Please note that our advice does not extend to taxation advice, and you should seek advice from your accountant and/or financial advisor in this regard.

You will make reasonable efforts to be available to give us instructions in relation to the work to be carried out.

You will notify us of any change to your circumstances which may affect either the outcome of your matter or our earlier advice to you about any aspect of your matter.

Termination

You may terminate this agreement at any time.

Without limiting the circumstances in which we are otherwise by law entitled to terminate this agreement, we may terminate this agreement without notice and cease to act for you if you:

(a) Breach this agreement;

(b) Require us to act unlawfully or unethically;

(c) Fail to give us adequate instructions within a reasonable time;

(d) Give instructions that are deliberately false or intentionally misleading;

(e) Act in a manner which makes it impossible for the firm to have a reasonable lawyer/client relationship with you or give instructions that causes us to consider that our services are not appropriate for your legal needs;

(f) Fail to accept advice we give you;

(g) Engage another law practice to advise you on this matter without our consent;

(h) Lose legal capacity;

(i) Indicate that you have lost confidence in us; or

(j) Fail to pay our accounts or deposit monies to our trust account as required from time to time.

If the agreement is terminated either by you or by us, you will be required to pay our professional fees and disbursements up to the date of termination.

Liability

To the extent permitted by law, we exclude liability for any consequential or indirect loss or damage which may arise in connection with this agreement.  Our liability for any and all loss or damage arising from or in connection with this agreement is limited to the total value of fees payable by you to us under this agreement.

How we will work

You agree to provide instructions promptly.

Nest Legal will primarily communicate with you by email. You agree to provide a secure password-protected email account and access it on a secure computer.

Nest Legal maintains client files and documents in digital format only.

To enhance the efficiency of our practice, Nest Legal uses a variety of technology, including third party cloud based platforms, to store documents, communicate with clients and other activities. We have exercised due care in selecting vendors whose security and management practices meet or exceed applicable ethics requirements and engage in ongoing monitoring and oversight of their services. Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Although Nest Legal strives to protect such information, Nest Legal does not warrant and cannot ensure the security of any information which you transmit to it. Accordingly, any information which you transmit to Nest Legal is transmitted at your own risk. Nevertheless, once Nest Legal receives your transmission, it will take all reasonable steps to preserve the security of such information. You consent to our use of these services to store your files, communicate with you and carry out other necessary tasks related to representation.  We do not sell or otherwise disclose to third parties any personal information that you provide through our website except as may be required by law.

We encourage our clients to offer feedback on review sites or refer us to others. If you’ve had a negative experience with Nest Legal, we would appreciate if you could speak with us directly so that we can try to fix the situation

You acknowledge our copyright in documents prepared by us.

For couple’s packages - our relationship with you both

We are allowed to act jointly for clients only when their interests are not in conflict. We will assume that each of you has authorised the other to give instructions on behalf of both of you. You will be liable for our costs individually and together. 

The following will apply to our joint representation of you:

i. We will act in each of your best interests at all times and will not favour the interests of one of you over the interests of another, or allow anything to interfere with our loyalty to each of you or our judgement on your behalf. If we are unable to fulfil this, we will cease acting for both of you in the matter.

ii. If we receive information from any source that makes it clear that we are in a conflict by acting for you jointly (for example, if one of you advises us that you want to change your instructions without the other knowing), we will cease acting for both of you in the matter. We will take this course of action rather than being prevented from disclosing to each party all information relevant to the matter within our knowledge.

General

If any part of any of these terms and conditions is void, then the part that is void may be severed. Other than any local laws applicable to you that by law cannot be excluded, these terms and conditions are governed by the laws of Victoria, Australia.