Free Wills Offer Terms & Conditions
These terms govern any free will offer promoted by Montgomery Financial. Please read them carefully before submitting an enquiry.
These Terms and Conditions (“Terms”) govern any free will offer promoted by Montgomery Financial (“we”, “us”, “our”) (each a “Campaign”, together the “Offer”). By submitting an enquiry under any Campaign, you agree to be bound by these Terms.
These Terms apply to all of our free will Campaigns. Each Campaign may have its own additional eligibility criteria (such as profession, employment, geography, age range, or time period), which will be stated in the relevant promotional material or campaign landing page. Where any Campaign-specific terms apply, they form part of these Terms in respect of that Campaign and prevail over these Terms to the extent of any inconsistency.
1. Definitions
- “Applicant”, “you”, “your” — the individual submitting an enquiry under a Campaign.
- “Campaign” — any free will promotion run by Montgomery Financial, identified in promotional material.
- “Will Provider” — the independent third-party will-writing firm engaged from time to time by Montgomery Financial to deliver wills under the Offer (currently The Will Place Limited, or such other will-writing partner as we may appoint).
- “Will” — a basic single will or basic mirror wills (as applicable to the Campaign), drafted by the Will Provider.
- “Offer” — the free will Offer described in these Terms and the relevant Campaign material.
2. The Offer
The Offer entitles eligible Applicants to receive, at no cost, one (1) basic single will, or one (1) set of basic mirror wills for couples (where the Campaign permits), drafted by the Will Provider. Montgomery Financial pays the Will Provider’s drafting fee in full.
The Offer is genuinely free to the Applicant. There is no purchase requirement, no subscription, no fee, and no obligation to take any further service from Montgomery Financial or the Will Provider. There is no cash alternative. The Offer is non-transferable.
The basic Will covers straightforward estate arrangements only. It does not include trusts, complex estates, business interests, overseas assets, lasting powers of attorney, probate, estate planning, tax advice, or amendments after execution. If your circumstances require services beyond the basic Will, the Will Provider may offer those services at their own rates. You are under no obligation to take them.
3. Eligibility
To be eligible, you must:
- Be aged 18 or over;
- Be resident in England or Wales;
- Meet any additional eligibility criteria stated in the Campaign material (for example, employment in a stated profession, residence within a stated geographic area, or other criteria);
- Provide accurate, truthful, and complete information at all stages of the enquiry and drafting process;
- Cooperate reasonably with the Will Provider in the drafting of your Will, including responding to verification or instruction requests within a reasonable time.
We may verify your eligibility, including by requesting evidence such as proof of profession, employment, address, or identity. Submitting the enquiry form is your representation that you meet the eligibility criteria.
4. Our Role — Introducer Only
Montgomery Financial acts as introducer only. We do not draft, prepare, advise on, review, witness, register, store, amend, revoke, or in any other way produce the Will. The Will is drafted and provided exclusively by the Will Provider, which is an independent third-party firm.
The contractual relationship for drafting and delivering the Will is between you and the Will Provider. The Will Provider’s own terms of business govern the drafting service (available at thewillplace.co.uk/terms-of-use). Montgomery Financial’s role is limited to:
- (a) introducing eligible Applicants to the Will Provider;
- (b) paying the Will Provider’s basic drafting fee on your behalf;
- (c) communicating with you about your enquiry and the progress of the Offer.
5. Will-Writing Is Not a Regulated Activity
Will-writing is not a reserved legal activity in England and Wales and is not regulated by the Financial Conduct Authority (FCA), the Solicitors Regulation Authority (SRA), or any other statutory regulator.
The Will Provider is not authorised by the FCA or the SRA. The Offer and any communications about it do not constitute legal advice, financial advice, tax advice, estate planning advice, or investment advice.
You are responsible for reviewing the Will once drafted and for satisfying yourself that it accurately reflects your wishes. You may wish to obtain independent legal advice, particularly if your circumstances are complex.
Montgomery Financial is authorised and regulated by the FCA in respect of mortgage and protection advisory services only (FRN 972626). The Offer falls outside the scope of our FCA permissions and is provided as a goodwill gesture, not as part of our regulated business.
6. Refusal of Applications
We may refuse any application, in whole or in part, where we have reasonable grounds to believe that:
- (a) you do not meet the eligibility criteria stated in the Campaign material or these Terms;
- (b) information you have provided is false, incomplete, misleading, or inaccurate;
- (c) you have not disclosed material information requested in the enquiry or drafting process;
- (d) you have engaged in fraud, attempted fraud, abuse of the Offer, or misuse of the Will Provider’s service;
- (e) you have failed to follow the reasonable process or instructions of Montgomery Financial or the Will Provider;
- (f) you have failed to respond to verification or other reasonable requests within a reasonable time;
- (g) accepting your application would put us in breach of our regulatory or legal obligations, or those of the Will Provider;
- (h) you are seeking to combine the Offer with any other promotion in a way not permitted by the Campaign;
- (i) you have previously received a Will under a Montgomery Financial Offer.
Where reasonable to do so, we will notify you of the refusal and, where the issue is capable of being cured, give you a reasonable opportunity to remedy it. If we refuse your application, no contract for the provision of a free Will will arise between you, us, and the Will Provider, and we will hold no further obligation to you in respect of that Campaign.
7. Withdrawal or Variation of the Offer
The Offer is provided at our discretion. We may, on reasonable notice and prospectively (that is, without affecting Wills already drafted or applications already accepted):
- (a) withdraw the Offer in whole or in part;
- (b) close any Campaign;
- (c) amend or limit eligibility, geography, profession, or volume;
- (d) change the Will Provider;
- (e) amend these Terms.
Where we withdraw or amend the Offer, your accepted application will be honoured if you have already received written confirmation that the Will is being drafted, save where we are required to withdraw for reasons of law, regulation, fraud, or material breach by you of these Terms.
8. Your Obligations
By submitting an enquiry, you agree to:
- (a) provide accurate, truthful, and complete information at all stages;
- (b) notify us promptly of any change to your contact details or eligibility;
- (c) cooperate reasonably with the Will Provider during the drafting process;
- (d) not use the Offer fraudulently or for any purpose other than obtaining a Will for your own benefit;
- (e) review the Will when drafted and raise any concerns directly with the Will Provider in the first instance.
You will indemnify Montgomery Financial against any loss, claim, cost, or expense (including reasonable legal costs) arising out of fraud, intentional misrepresentation, or breach by you of paragraphs (a) or (d) above.
9. Marketing Communications
By submitting the enquiry form, you consent to Montgomery Financial contacting you by phone, SMS, WhatsApp, and email for the purpose of fulfilling your enquiry under this Offer, including to confirm receipt, verify eligibility, arrange the Will, and provide updates on the Will Provider’s progress. This contact is necessary for the performance of the Offer.
If you would like to receive marketing communications about Montgomery Financial’s other services, you may opt in via the relevant checkbox on the lead form or website. Marketing communications about non-related services will only be sent where you have given specific, freely given, and informed consent. You may withdraw consent at any time by:
- replying STOP to any SMS or WhatsApp;
- clicking unsubscribe in any email;
- contacting us at enquiries@montgomeryfs.co.uk.
10. Data Protection
Montgomery Financial is the controller of personal data you submit through the enquiry form. We will share your name, contact details, and basic instructions with the Will Provider for the sole purpose of delivering the Will under the Offer. Once shared, the Will Provider acts as an independent data controller in respect of the will-drafting service and is responsible for its own compliance with the UK GDPR and Data Protection Act 2018.
By submitting the enquiry, you consent to this sharing for the stated purpose.
Our handling of your personal data is governed by our Privacy Notice. The Will Provider’s terms of use, including its handling of personal data, are available at thewillplace.co.uk/terms-of-use. Your rights under UK data protection law (including access, rectification, and erasure) are unaffected by these Terms, save that the Will Provider may be required by law to retain certain records relating to your Will.
11. Limitation of Liability
Nothing in these Terms limits or excludes our liability for:
- (a) death or personal injury caused by negligence;
- (b) fraud or fraudulent misrepresentation;
- (c) any other liability that cannot be limited or excluded by law.
Subject to that, and to the fullest extent permitted by law:
- (a) Montgomery Financial is not liable for any act, omission, error, delay, negligence, breach of contract, or breach of duty of the Will Provider, including any defect in the Will, any failure to register or store the Will, or any failure to follow your instructions. Your sole recourse in respect of the Will-drafting service is against the Will Provider;
- (b) Montgomery Financial is not liable for the suitability of a basic Will for your individual circumstances, or for any tax, probate, inheritance, or estate consequence arising from the Will;
- (c) Montgomery Financial is not liable for indirect, consequential, special, or punitive losses, or for loss of profit, loss of business, loss of goodwill, or loss of opportunity, even if foreseeable;
- (d) Montgomery Financial’s total aggregate liability to you in connection with the Offer (whether in contract, tort, statute, or otherwise) is limited to the lesser of (i) the cost reasonably incurred by you in obtaining an equivalent basic will from a comparable provider, and (ii) £750.
This clause applies fairly and reflects our limited role as introducer rather than provider of the Will-drafting service.
12. Complaints
Any complaint about the drafting, content, or delivery of the Will should be made first to the Will Provider in accordance with their complaints procedure.
Any complaint about the Offer, the introduction process, or our conduct should be made to:
- Name
- Montgomery Financial
- Address
- The Gloucesters, Strixton Manor Business Centre, Strixton, Wellingborough, NN29 7PA
- Phone
- 01933 829 444
- enquiries@montgomeryfs.co.uk
We will acknowledge complaints within five working days and aim to resolve them within twenty working days.
13. Severability
If any provision of these Terms is found by a court or regulator to be unenforceable, that provision shall be severed and the remaining provisions shall continue in full force and effect.
14. Entire Agreement
These Terms (together with any Campaign-specific terms, our Privacy Notice, and the Will Provider’s terms of business) constitute the entire agreement between you and us in respect of the Offer.
15. Governing Law and Jurisdiction
These Terms are governed by the laws of England and Wales. Any dispute arising in connection with the Offer or these Terms is subject to the exclusive jurisdiction of the courts of England and Wales.
16. Contact
- Name
- Montgomery Financial
- Address
- The Gloucesters, Strixton Manor Business Centre, Strixton, Wellingborough, NN29 7PA
- Phone
- 01933 829 444
- enquiries@montgomeryfs.co.uk
- Website
- www.montgomeryfs.co.uk
- FCA FRN
- 972626
Questions about these terms? Email enquiries@montgomeryfs.co.uk or call 01933 829 444.