Pre-Paid Funeral Plan Terms and Conditions

1. Definitions

Admin Fee: means the charge by The Family Funeral Directors to set up and arrange the plan. The fee is £299.00

Application: means your application for a Family Funeral Directors plan.

Cancellation Fee: means the charge that applies if you cancel your plan more than 28 days from the plan start date to cover the administration and set up of the plan. The cancellation fee is £598.00.

Direct Debit Monthly Payments: means the monthly payment that will be paid by direct debit over the agreed term of your policy.

Fixed Monthly Payments: means the Fixed Monthly Payments that will be paid to our chosen insurance provider, Scottish Friendly Assurance Society Limited, by direct debit when you take out your plan. This is a monthly payment plan that needs to be paid until the time of need or until the policy anniversary following your 90th birthday, whichever comes first.

Guarantee Fee: This is the fee to guarantee your plan. The fee is £299.00.

Insurance Provider/Provider: means Scottish Friendly Assurance Society Limited, the insurance company chosen by The Family Funeral Directors to provide insurance cover for your funeral plan.

Membership Pack: means the pack sent to you within 28 days of the start date of your plan.

Plan Date: means the date that your plan commences. Your plan commences once we and the Insurance provider/provider have accepted and processed your application. The plan start date is shown on the membership pack.

Payment in Full: means payment in full by one single payment at the time you take out your plan.

Plan Holder: means the person(s) who the plan is for. The plan holder may also be the plan purchaser.

Payment Method: means the way that you have chosen to pay for your plan.

Plan Price: means the price of your plan at the time of the application if you were paying by payment in full or by monthly payments.

Plan Purchaser: means the person who is paying for the plan and is responsible for making all of the payments due under the payment method. The plan purchaser may also be the plan holder.

Representative: means the plan holder’s personal Representative or other Representative who has legally been appointed and authorised to act on their behalf after their death, e.g. executor or trustee etc.

Us/We/Our: means The Independent Family Funeral Directors Ltd trading as The Family Funeral Directors.

You/Your: means the plan purchaser/Representative who may also be the plan holder.

Your Plan: means the plan that you have chosen as selected on your application.

10 Year Payment Plan: means a monthly payment that will be paid to our chosen insurance provider, Scottish Friendly Assurance Society Limited, by direct debit when you take out your plan. This is a monthly payment plan that needs to be paid for 10 years or until the time of need, whichever comes first.

12 Monthly Instalment: means the monthly instalment that will be paid by a recurring card payments over 12 months.

2. Your Family Funeral Directors Plan

Your plan is an agreement between You and Us. Your agreement is made up of this document, your application form and your plan summary. You will get your plan summary when you buy your plan and it will confirm what is included.

You must be a UK resident and be over 18 years old when you buy your plan.

If you are paying by Fixed Monthly Payments you must be aged between 50 and 74. If you choose to pay using our 10 Year Payment Plan option you must be aged between 40 and 74.

The funds (minus the admin fees) are used to purchase a whole of life insurance policy from Scottish Friendly Assurance Limited. This policy will be used by us to cover the costs of your funeral.

Please note that for all whole of life policies the provider will pay out the proceeds to us. We shall hold such proceeds on behalf of your Estate or Representative as selected on your application. These funds will be used to cover the cost of your specified funeral requirements when you die.

Payment in Full

If the selected Payment Method for your plan is by Payment in Full the money paid to The Family Funeral Directors for your plan will be used to purchase a whole life insurance policy with us as the beneficiary. Our chosen life insurance policy provider is Scottish Friendly Assurance Society Limited. The payment will be taken as a single payment by bank transfer, credit card, debit card, cash or cheque.

Monthly Payments up to 12 months

If the selected Payment Method for your plan is by Direct Debit Monthly Recurring Card Payments, a whole of life insurance policy will be purchased when the plan is fully paid. We are the beneficiary and our chosen life insurance policy provider is Scottish Friendly Assurance Society Limited. If the plan is not fully paid at time of need then any monies paid will be refunded to your Estate or can be a contribution to your funeral with your Estate/Representative paying the balance. You can choose to make an early settlement and pay the outstanding balance within the 12 month period at any time. There is no instalment charge for this payment method.

10 Year Payment Plan

If the selected Payment Method for your plan is our 10 Year Payment Plan a whole of life insurance policy will be purchased with us as the beneficiary and a direct debit will be set up with our chosen life insurance policy provider, Scottish Friendly Assurance Limited. This is a monthly payment plan that needs to be paid for a fixed term of 10 years.

The plan holder must be aged between 40 and 74 when taking out the plan, no medical history is required but you need to be paying for a minimum of two years in order to be fully covered.

If the plan holder passes away within the first two years of the plan start date then all monies will be refunded by us to the Estate or Representative.

If you do not maintain the monthly payments then the payment plan may be cancelled by us. Any monies paid towards the total cost of your plan (minus the cancellation fee of £598) will remain within the policy and be available as a contribution towards your funeral at the time of need. In such circumstances the outstanding amount for the funeral can be requested from your Estate or Representative. If the total monies paid towards the plan is less than the cancellation fee of £598 then the plan value is zero.

Fixed Monthly Payments

If the selected Payment Method for your plan is by Fixed Monthly Payments a whole of life insurance policy will be purchased with us as the beneficiary and a direct debit will be set up with our chosen life insurance policy provider, Scottish Friendly Assurance Limited. This is a monthly payment plan that needs to be paid until the time of need or until the policy anniversary following your 90th birthday. You must be aged between 50 and 74 when taking out the plan, no medical history is required but you need to be paying for a minimum of two years to be fully covered. If you pass away within the first two years of the plan start date then all monies will be refunded by us to the Estate or Representative.

If you do not maintain monthly payments, then the plan may be cancelled by us and no refund of any payments made will be given.

3. Your Application

By completing your application, you are agreeing to buy your plan subject to these Terms and Conditions and are responsible for making all the payments due under the selected payment method.

If you are purchasing this plan on behalf of someone else, they will have the rights and benefits set out in these Terms and Conditions. If you are purchasing this plan for you, you will have the rights and benefits set out in these Terms and Conditions and they will pass to your Estate or to your Representative on your death.

4. The Aim of the Plan

The aim of the plan is to provide a funeral for you and your loved ones at the cost of the funeral plan outlined at the outset.

The funeral is guaranteed to be carried out by the Family Funeral Directors at one of our approved crematoria and by an approved funeral director as detailed in the plan summary.

Should any changes be made to the funeral before or at the time of need, or if you choose to use a crematoria or funeral director not listed as an approved supplier on our website then further charges may be applied.

5. What your Plan includes

All of our set plans include our Funeral Directors services and fees as well as third party charges that we pay to someone else. For example, officiant’s fees and crematorium fees. All of these fees are fully guaranteed, which means you will not pay more for the services included in your plan at the time of need.

When you purchase your plan you will receive a plan summary. This will confirm what is in your plan. If certain elements included in your plan today aren’t available at the time of your funeral, we will provide reasonable alternatives. This could include your coffin choice if this was no longer available, for example.

If, due to any requested changes to your plan at the time of need, the cost of the funeral is more than the plan value, then the difference will need to be paid by your family, Estate or your Representative.

6. What your Plan does not cover

The plan includes the services described in your funeral Plan Summary, which forms part of the Agreement.

Our funeral plans do not include viewing of the deceased as standard. Should you wish to include this as part of the funeral special arrangements can be made to accommodate this, however additional costs may be applied.

The costs for other services or special requests, for example weekend services, a memorial, headstone, third party out of areas charges, flowers and catering, are not included in the Plan.

If you have purchased a Direct, Contemporary, Bronze, Silver or Gold Plan and you would like to make a provision for services not already included in your Plan you may do so by making a contribution towards these costs. The value of the contribution will provide a benefit at the time of need from the policy purchased from our chosen life insurance policy provider, Scottish Friendly Assurance Limited. However if that contribution does not cover the then current rate for those goods or services, your Estate or your Representative must pay the difference between the value of your contribution and the actual cost at the time of your funeral. The value of the contribution and your requests will be detailed in your membership pack.

If any other fees payable are required which are not included in your plan, for example repatriation and transport into England and Wales, they will need to be paid for separately at the time of the funeral.

If you make changes to your plan after the plan start date and the services are more than the value of the plan then you will have to pay the difference.

7. Your funeral plan documents

We will send a membership pack with your unique customer number and all relevant documents within 28 days of the plan start date. You should keep this in a safe place and let your family or Representative know where it is kept.
8. What your Representatives and/or Family need to do at the time of need
Please contact us by telephone on 0800 6446 250, via email at enquiries@www.thefamilyfuneraldirectors.co.uk or in writing at The Family Funeral Directors, 2 Forbes Drive, Heathfield, Ayr, KA8 9FG.
9. Change of Address or change in Details
Please contact us by telephone on 0800 6446 250, via email at enquiries@www.thefamilyfuneraldirectors.co.uk or in writing at The Family Funeral Directors, 2 Forbes Drive, Heathfield, Ayr, KA8 9FG.

10. VAT

Most elements of the funeral service are currently value added tax (VAT) exempt. Your plan will not include VAT if you have not specified any additional services because it is not currently charged on the items/services included in our set funeral plans. Some additional services may include VAT, according to the regulations set out by HM Customs and Revenue. We include VAT at the current rate on the cost of any additional services in your plan for which VAT is currently payable at the rate applicable at the plan start date.

11. How we hold information about you or your Representative

The information we hold about you and your Representative will be used for the purpose of administering your plan by The Family Funeral Directors and our partners only and for the purchase of the whole of life insurance policy from our chosen life insurance provider. We will not share your information with any other third party.

We may be under a duty to disclose or share personal information in order to comply with any legal obligation.

12. Law

Law of England and Wales applies to your plan.

13. Eligibility

You are eligible to take out a plan if you are 18 years old or over. There are no health questions or medical examination.

Paying by Fixed Monthly Payment is available only if the plan holder is between 50 and 74 years of age. If you choose to pay using our 10 Year Payment Plan option the plan holder must be aged between 40 and 74.

If the payment option of Fixed Monthly Payments or 10 Year Payment Plan is selected you must have been paying into the plan for a minimum of two years to be entitled to the full services included in your plan. In the event that you pass away before a minimum of two years payments have been made then all monies paid will be refunded by us in full to your Estate.

14. Complaints

If you want to make a complaint, please contact us using the details below to get in touch: by telephone on 0800 6446 250, via email at enquiries@www.thefamilyfuneraldirectors.co.uk or in writing at The Family Funeral Directors, 2 Forbes Drive, Heathfield, Ayr, KA8 9FG.

15. Cancelling your Plan

You have the right to cancel your plan and to receive a full refund with no obligation within 28 days of the plan start date.

If you paid for your plan in full or spread the monthly cost over 12 months or 10 Year Payment Plan, and you cancel your Plan after 28 days of the Plan start date, any monies paid, less than the Cancellation Fee of £598 will be refunded.

If you have chosen to pay by Fixed Monthly Payments or 10 Year Payment Plan and you cancel your plan after 28 days of the Plan start date then there is no cash-in value and no money will be refunded.

Once your plan is cancelled we will have no further obligation to fulfil your plan.

You can cancel your plan by using the details below to get in touch: by telephone on 0800 6446 250, via email at enquiries@www.thefamilyfuneraldirectors.co.uk or in writing at The Family Funeral Directors, 2 Forbes Drive, Heathfield, Ayr, KA8 9FG.

The Family Funeral Directors have the right to cancel your plan if:
We are not able to carry out what’s included in your plan due to circumstances outwith our control. This may be as a result of rules at the graveyard or churchyard. Or, where we are unable to provide the funeral in your chosen location.

If we cancel your plan, we’ll pay you back any payments made. We’ll charge £598 for cancelling if more than 28 days have passed since the plan start date and we will have no further obligation to fulfil your plan.

If you are paying by Fixed Monthly Payments or 10 Year Payment Plan and do not keep up to date with repayments then we have the right to cancel your plan, no monies will be repaid and we will have no further obligation to fulfil your plan.

Will Terms and Conditions

1. Definitions

Cancellation Fee: means the charge that applies if you have paid for your Will and cancel your Will more than 28 days from the date of the instruction. The cancellation fee is £50.00.
Capacity: means that you have a full understanding that the instruction you are giving is to dispose of your Estate, what makes up your Estate and to whom you are giving your Estate.
Complex Will: means the Will that The Family Funeral Directors will draft based on our definition of a complex Will (see below).
Estate: means any assets or property that you own.
Instruction: means the wishes that you give to The Family Funeral Directors in regard to the preparation of your Will.
Mirror Will: means Wills that are drafted, usually for a couple and reflect each testator’s wishes and are not dissimilar
Property Protection Trust Will: means a Will that is drafted so that each individual can dispose of their assets while at the same time giving their surviving spouse or beneficiaries a life interest in these assets or right to occupy the property.
Simple Will: means the Will that The Family Funeral Directors will draft based on our definition of a simple Will (see below).
Testator: means the person whose estate is dealt with in the Will.
Us: means The Family Funeral Directors – which is a trading name of The Independent Family Funeral Directors Ltd.
Will: means the professional last Will and Testament that The Family Funeral Directors prepare based on your instruction.
You: means the customer that gives us the instruction to prepare a Will.

2. Types of Will

2.1 A Simple Will means a Will where the estate is left to the surviving spouse and or then children and then grandchildren with up to four legacies or gifts also included. Any instruction other than this or instructions that require additional work other than previously stated is at the discretion of The Family Funeral Directors or may result in a Complex or Protective Property Trust Will.
2.2 A Mirror Will means two Simple Wills for a couple. That is a Will for each person that reflects the wishes of the other. Any instruction other than this or instructions that require additional work other than previously stated is at the discretion of The Family Funeral Directors or may result in a Complex or Protective Property Trust Will.
2.3 A Complex Will is a Will that is not a Simple Will and may include multiple beneficiaries or multiple legacies, a guardianship clause, a trust within the Will or any other requirements not specified in a Simple Will.
2.4 A Property Protection Trust Will is a Will that may include a life interest in any assets or a right to occupy property for the surviving spouse or beneficiaries and can also involve changing how the assets or property are held. Any fees for changing how the title of a property are held are normally included in the cost of the Protective Property Trust Will. There could in exceptional circumstances be further additional charges due to third party costs.

3. Applicable Laws

If you reside in England and Wales these terms and conditions and any other terms and conditions, we may agree with you are governed by the law of England and Wales and we will draft your Will under the laws of England and Wales. These laws may be subject to change and you should review your Will on a regular basis as The Family Funeral Directors cannot accept any responsibility for changes to these laws. Any assets held outside of the UK may require a Will to be drafted in the country those assets are held and we would recommend you seek advice in the country these assets are held. The Family Funeral Directors only draft Wills relating to assets held in the UK.

4. Third Parties

We may instruct a third party to act on our behalf relating to the preparation of your Will and any associated work. We only use solicitors that are regulated by the SRA in England.

5. Responsibilities and Obligations

The Family Funeral Directors will draft and prepare and draft your Will based on the instruction given by the Testator. All details given should be accurate and complete and your Will should be signed in accordance with the signing instructions given as The Family Funeral Directors will not accept any responsibility for the validity of the Will if the information provided is not accurate and complete and you do not follow the signing instructions given.
Your Will will be prepared on the basis that you are legally domiciled in England and Wales and Claims to your Estate is therefore governed by the law of England and Wales It is the Testator’s responsibility to advise if this is not the case, but we can only prepare a Will for someone domiciled in England and Wales.
6. Change of address or change in details
Please contact by telephone on 0800 6446 250, via email at enquiries@www.thefamilyfuneraldirectors.co.uk or in writing at The Family Funeral Directors, 2 Forbes Drive, Heathfield, Ayr, KA8 9FG.

7. Updates

Updates may be charged for depending on the work undertaken. If there are to be any charges for updates, then you will be advised of these before any work is undertaken.

8. Storage

Storage will be provided free of charge, although this may be subject to change. If there is to be a charge for storage, then you will be notified of this.

9. Capacity

By giving an instruction to The Family Funeral Directors for your Will you are confirming that you have a clear understanding of what a Will is and that you have the ability to make this decision and are not under any undue influence. The Family Funeral Directors may choose not to accept an instruction from you if your capacity is in doubt.

10. Customer Identity

We may ask you to provide identification. This could take the form of a utility bill, passport, driving licence or any other appropriate form of identification.

11. Fees and charges

You will be advised by us of any fees and charges before work is undertaken. All sums are inclusive of VAT at the rate applicable though this may change. If your Will is to be charged for then payment will be required in full on the date that your instruction is taken, if your Will is part of the The Family Funeral Directors plan then the The Family Funeral Directors Plan terms and conditions apply. If there are to be any additional or third party fees incurred in the preparation of your Will, you will be advised of these before work is undertaken.

12. Complaints

Complaints about your plan should be made to us by telephone on 0800 6446 250, via email at enquiries@www.thefamilyfuneraldirectors.co.uk or in writing at The Family Funeral Directors, 2 Forbes Drive, Heathfield, Ayr, KA8 9FG.

13. Cancellations

You have the right to cancel your Will and receive a full refund less any third party costs with no further obligation provided you do so within the earlier of signing the Will and within 28 days of the date of instruction.
If you decide to cancel your Will before signing it but after 28 days from the date of the instruction given for your Will any monies paid less the Cancellation Fee and any third party costs will be refunded.
If any monies paid by you at the time of cancellation is less than the Cancellation Fee of £50.00 and any third party costs, then we may ask for any difference to be paid by you to us if the Will is cancelled out with the 28-day cancellation period.
Please contact us by telephone 0800 6446 121, by email info@www.thefamilyfuneraldirectors.co.uk or in writing at The Family Funeral Directors, 2 Forbes Drive, Heathfield, Ayr, KA8 9FG.

Power of Attorney Terms and Conditions

1. Definitions

Attorney/attorneys: means the person or persons you appoint to act on your behalf.
Cancellation Fee: means the charge that applies if you have paid for your Power of Attorney and cancel your Power of Attorney more than 28 days from the date of the instruction. The cancellation fee is £100.00.
Capacity: means that you have a full understanding that the instruction you are giving is to prepare a Power of Attorney and what a Power of Attorney is.
Donor: means you, the person giving your power to your attorney, who is instructing The Family Funeral Directors to set up the Power of Attorney.
Instruction: means the wishes that you give to The Family Funeral Directors in regard to the preparation of your Power of Attorney.
Office of the Public Guardian, OPG: means the office of the public guardian in England.
Power of Attorney: means the lasting Power of Attorney document and registration forms that The Family Funeral Directors prepare based on your instruction.
Property and finance Power of Attorney: means the Power of Attorney relating to your financial Power of Attorney. Health and Welfare Power of Attorney: means the Power of Attorney relating to your health and welfare Power of Attorney.
Us: means The Family Funeral Directors – which is a trading name of The Independent Family Funeral Directors Ltd.
You: means the customer that gives us the instruction to prepare a Power of Attorney.

2. Applicable Laws

If you reside in England and Wales these terms and conditions, and any other terms and conditions we may agree with you, are governed by the law of England and Wales and we will draft your Power of Attorney under the laws of England and Wales These laws may be subject to change and you should review your Power of Attorney on a regular basis as The Family Funeral Directors cannot accept any responsibility for changes to these laws.

3. Third Parties

We may instruct a third party to act on our behalf relating to the preparation of your Power of Attorney and any associated work. We only use solicitors that are regulated by the SRA.

4. Responsibilities and Obligations

The Family Funeral Directors will draft and prepare your Power of Attorney based on the instruction given by you, the Donor. All details given should be accurate and complete and your Power of Attorney should be signed in accordance with the signing instructions given as The Family Funeral Directors will not accept any responsibility for the validity of the Power of Attorney if the information provided is not accurate and complete and you do not follow the signing instructions given. For your Power of Attorney to be effective it must be registered with the Office of the Public Guardian. The Family Funeral Directors recommend that you register your Power of Attorney immediately.

5. Change of address or change in details

Please contact us by telephone on 0800 6446 121, via email at info@www.thefamilyfuneraldirectors.co.uk or in writing at The Family Funeral Directors, 2 Forbes Drive, Heathfield, Ayr, KA8 9FG.

6. Capacity

By giving an instruction to The Family Funeral Directors for your Power of Attorney you are confirming that you have a clear understanding of what a Power of Attorney is and that you have the ability to make this decision and are not under any undue influence. The Family Funeral Directors may choose not to accept an instruction from you if your capacity is in doubt.

7. Customer Identity

We may ask you to provide identification. This could take the form of a utility bill, passport, driving license or any other appropriate form of identification.

8. Fees and charges

You will be advised by us of any fees and charges before work is undertaken. All sums are inclusive of VAT at the rate applicable though this may change. If your Power of Attorney is to be charged for then payment will be required in full on the date that your instruction is taken. If your Power of Attorney is part of the The Family Funeral Directors plan then the The Family Funeral Directors Plan terms and conditions apply. If there are to be any additional or third party fees incurred in the preparation of your Power of Attorney, you will be advised of these before work is undertaken. You are liable to pay the registration fee to the office of the public guardian when the Power of Attorney is registered.

9. Complaints

Complaints about your plan should be made by telephone on 0800 6446 121, via email at info@www.thefamilyfuneraldirectors.co.uk or in writing at The Family Funeral Directors, 2 Forbes Drive, Heathfield, Ayr, KA8 9FG.

10. Cancellations

You have the right to cancel your Power of Attorney and receive a full refund less any third party costs with no further obligation provided you do so within the earlier of signing the Power of Attorney and within 28 days of the date of instruction.
If you decide to cancel your Power of Attorney before signing it but after 28 days from the date of the instruction given for your Power of Attorney, any monies paid less the Cancellation Fee and any third party costs will be refunded.
If any monies paid by you at the time of cancellation is less than the Cancellation Fee of £100.00 and any third party costs, then we may ask for any difference to be paid by you to us if the Power of Attorney is cancelled out with the 28-day cancellation period.
Please contact us by telephone on 0800 6446 121, via email at info@www.thefamilyfuneraldirectors.co.uk or in writing at The Family Funeral Directors, 2 Forbes Drive, Heathfield, Ayr, KA8 9FG.

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