PROFESSIONAL EXECUTOR SERVICES
These are the terms & conditions applicable when you appoint Guardian Angel Legal Services Trustee
Limited to
deliver Executor Services (as defined below).
It is important that you read through these terms and the detailed information set out on our website
before
appointing Guardian Angel Legal Services Trustee Limited as an executor on your will.
1. Definitions and interpretation
In these terms and conditions
1.1 “Executor Services” means Guardian Angel Legal Services Trustee Limited acting as an
executor
of an
estate, an administrator of an estate with a will annexed or on intestacy, and administering that
estate.
1.2 “we”, “us”, “our” means Guardian Angel Legal Services Trustee Limited.
2. Our details and how to contact us
2.1 Who we are. Guardian Angel Legal Services Trustee Limited is a company registered in England
and
Wales
under company registration number 15050765. Guardian Angel Legal Services Trustee Limited is a
subsidiary of
Guardian Angel Legal Services Limited.
2.2 Our registered office address. Our registered
office 33 Holborn, London, United Kingdom, EC1N 2HT.
2.3 Our place of business. Our principal place of business
is 33 Holborn, London, United Kingdom, EC1N 2HT.
2.4 How to contact us. You can contact us:
(a) using our website contact form; or
(b) by email, using the email address published on our website from time to time.
3. Fees
3.1 No fees are required to be paid before the testator's or intestate's passing for the provision of
Executor Services.
3.2 A fixed fee will be applicable for the Executor Services. This overall fee is typically expected to
be
paid after the grant of representation (the document issued by the court confirming our power to
administer
the estate) has been issued. The fee for acting as executor will be agreed and fixed before we commence
the
Executor Services.
The fixed fee may increase where we are required to handle businesses, joint
property, real estate, assets
located abroad, valuations, compiling accounts and forms for HM Revenue & Customs, estates, or other
related
trusts pertinent to the administered estate.
3.3 While delivering the Executor Services, there might be general expenses incurred, related to
services
provided by third parties, that will be payable in addition to our fee. These general expenses may
include,
but are not limited to, solicitors fees, other professionals, commercial agents, as well as Stamp Duty.
4. Estate administration
4.1 We will usually appoint a solicitor to perform legal work in connection with the estate and we
reserve
the right to appoint a solicitor of our choice, and, where appropriate or necessary, to appoint such
other
professionals as we deem fit. All expenses related to such appointments shall fall under general
expenses
payable in addition to our fee described in Section 3 above.
4.2 We may, in the exercise of any of our discretionary or any other powers, act through our
representatives.
4.3 We may, at our discretion, transfer any property of the estate or trust to any person as our nominee
(i.e. a person or company appointed by us to hold the property in their own name).
4.4 In any case where we perform Executor Services jointly with other personal representatives, all
money,
securities, title deeds and documents, belonging or relating to the estate shall be under our control;
and
any other personal representative shall have all reasonable facilities for verification. The name of
Guardian Angel Legal Services Trustee Limited shall be placed first in the registers of all
registered
stocks, shares, securities or property.
4.5 We will continue a trade or business or hold shares in a company with unlimited liability only with
a
view to realisation or distribution (unless it sees a good reason to the contrary) and on the terms that
we
shall be indemnified against expenses and losses from the estate. We shall not be under a duty to hold
such
shares in our own name and us and our co-personal representatives (if any) shall have power without any
order of the Court to effect any disposition or transaction relating to any such sole proprietorship or
shares which the Court would have had jurisdiction to authorise under s57 of the Trustee Act 1925 (as
amended or replaced from time to time).
4.6 We may take insurance on behalf of the estate in respect of any risks which we consider may affect
the
estate assets. The premiums for such insurance may be charged against estate income or estate capital as
we
see fit.
4.7 We shall be entitled to remuneration in accordance with our fees in force at the date of death where
we
are appointed executor by a will or act as administrator under a will or intestacy. We agree our fees
upfront with you and take our fees free from all taxes, from the estate, before we distribute the assets
to
your beneficiaries. General expenses will be charged in addition to the fee.
4.8 Our fees and expenses will normally be payable out of estate capital or
income. Guardian Angel Legal Services Trustee Limited and its co-personal representatives (if any)
shall have discretion to charge such
fees and expenses, in whole or in part, against income, or between different interests in income or
capital.
4.9 Where we are appointed executor of a will we will give favourable consideration to renouncing our
appointment upon request, provided we are satisfied that suitable alternative arrangements are in place
and
the interests of the beneficiaries are not compromised as a result. No fee would be charged for
renouncing
our appointment.
5. Additional terms
5.1 Guardian Angel Legal Services Trustee Limited does not provide legal advice on the preparation
of
wills.
5.2 We may subcontract any part or parts of the Estate Services and we may assign, novate or transfer
any
part or parts our rights and obligations under these terms and conditions to another organisation
without
your consent or any requirement to notify you.
5.3 We may alter or vary these terms and conditions at any time without notice to you.
5.4 We will use the personal information you provide to us to supply the Executor Services, as set out
in
our Privacy Notice and Cookies Notice. Our privacy notice can be found here.
5.5 We will only give your personal information to third parties where the law either requires or allows
us
to do so.
5.6 If a court finds part of this contract illegal or unenforceable, the rest will continue in
force.
5.6.1 If a provision of these terms and conditions is determined by any court or other competent
authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
5.6.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful
or
enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the
provision will continue in effect.
5.7 No third party has any rights under this contract.
5.7.1 A contract under these terms and conditions is for our benefit and your benefit, and is not
intended to benefit or be enforceable by any third party.
5.7.2 The exercise of the parties' rights under a contract under these terms and conditions is not
subject to the consent of any third party.
5.8 These terms and conditions are governed by and construed in accordance with English law. Any disputes
relating to a contract under these terms and conditions will be subject to the exclusive jurisdiction of
the
courts of England.
