Below are the answers given by Bequeathed in the Will Writing Survey, which you can use to compare to others.
How is your service delivered
Service description Bequeathed blends the best of online, to attract and convert more consumers in to legacy supporters, with the best law firms to ensure they’re properly advised.
We enable consumers to start their will online immediately, converting their intention in to action. We offer guidance and support to help them complete the process online, for free. We also ensure they consider the issues they didn’t know to ask about.
If a user reaches the informed decision that expert legal advice is worth paying for, we seamlessly hand over to accredited law firms who help in person or by telephone.
Those firms not only ensure a charity’s supporters are properly advised but also, through their local promotion of Bequeathed, recruit new prospective legacy supporters.
Wherever a Bequeathed user comes from, and however they complete their will, giving-prompts are delivered systematically, and data processed compliantly, to deliver above-average rates of gifts in wills.
In what ways do you assess your clients’ mental capacity? Our process was designed by a former Withers solicitor and refined by an expert Mental Capacity Assessor and committee member of the Court of Protection Practitioners Association. It is based around a series of questions at the start of the online interview to identify users with potential vulnerability. It has been reviewed by the private client lawyers of each of our panel law firms who, through their own use of Bequeathed, form part of our peer-review process for quality assurance. Depending on the answers that a user provides, guidance is provided to help them understand the risks and recommend the steps they might take, including, where necessary, seeking expert legal advice from one of our panel law firms.
What processes do you follow to avoid undue influence? Our system identifies when an online user is being assisted by someone else and provides guidance for both on the risks and the steps they should each take to minimise those risks.
What do you offer as part of your will-writing service?
Comments: We provide guidance in-line with questions in the online interview, with contextual links to deeper guidance, all written by solicitors and/or TEPs. Our guidance is set out under 153 individual topic headings and is maintained by a former publisher of Halsbury’s Laws of England, drawing on the expertise when needed of our panel law firms. Our paralegal team is on hand via chat to guide users to where they can find the relevant information to complete their will online or, where advice is needed, to hand over to an expert solicitor to help by telephone or in-person.
To what extent are solicitors involved in your Will-writing service?
Comments: A supplier’s will-writing software can either be relied on to create a functioning will, in which case a final check is unnecessary, or it cannot. The software behind Bequeathed has been designed, developed and refined by solicitors since 2011. The logic engine in the software means it is not possible for a user to draft a will with conflicting provisions. However, our background as solicitors also makes us aware that many consumers do not know what they do not know, so some may not think to address certain issues within an automated process. That is not a risk that can be easily addressed through a final check of answers a user has provided. Our system therefore identifies the triggers within the online interview for when advice from a solicitor will be beneficial, or necessary, and makes the hand-over of the process easy for both user and law firm.
To what extent are other qualified legal or financial professionals involved in your Will-writing service?
Comments: Bequeathed was designed by solicitors and our solicitor-users in our panel law firms form part of our ongoing quality-assurance. We contend there can be no better objective assessment of our online process than the fact our panel law firms are prepared to recommend it to their prospective clients. All customer-facing staff have either been solicitors or are legally qualified beyond degree level.
How does your service deal with complex estates (such as those with own business or property abroad, or a trust)? These issues are triggers for a recommendation to seek expert legal advice from one of our panel law firms. However, what is simple for one user is complex for another. The provision of in-depth guidance on a wide range of issues enables a user to either proceed with confidence or reach an informed decision to seek expert legal advice, whatever the issue.
Do you prompt your clients to consider leaving gifts to a charity? If so, how? Systematic prompts to consider leaving a gift to a charity (and in memory giving) are embedded in the online interview that a user, or a solicitor, uses to create a will.
Where a user starts their journey on our customer charity’s site, we promote that charity to the user (with logo, mission and impact statement) alongside the ability for a user to add any other charity of their choice.
Where a user finds Bequeathed from the internet, from a law firm, or via one of our channel partners, then all customer charities are promoted as an option, alongside the ability for a user to add any charity.
Users may leave as many gifts to as many charities as they wish, with full flexibility to leave a specific cash sum or a percentage share of the residuary estate, or both.
The correct beneficiary details for a customer charity are then included in the beneficiary clause of the outputted will.
What provision does your service make for secure Will storage or future access? We do not store wills. We provide guidance to users on storage options, including ensuring a user knows there is no legal requirement for how a will is stored. We address storage with a solicitor, with the Probate Office and by a user at home.
All our panel firms offer to store a user’s will at no cost when they have provided advice on it and some offer to store a user’s will at no cost even where they have made it online for free.
A user may return to their Bequeathed account to make a change to their will through a codicil, at no charge, or to make a new one.
How is your service delivery regulated? Other
Where legal advice is provided, it is provided by law firms who are regulated by the SRA. As a provider of a will-writing system, Bequeathed does not carry out activities that are regulated or for which a suitable regulator is available even were it to be desirable. As a fundraising company, Bequeathed complies with the Code of Fundraising Practice in its systems, processes and contractual responsibilities to charities.
What formal protection have you got in place for your clients, e.g. liability insurance for will-writing or provision of legal advice, please specify level of coverage? Public liability insurance policy – ten million pounds for any one claim.
Employers liability insurance policy – ten million pounds for any one claim.
Professional indemnity insurance policy – one million pounds for any one claim.
Are you able to track impact and report on progress e.g. how many inquiries lead to Wills and how many include a charitable gift? How do you do it? We track every single piece of data from click on initial call to action to completed will with gift. We are therefore able to report, using market-leading reporting and analytics software, on any feature of the user journey.
Our standard reporting pack provides aggregated data on the number of gifts in wills, the nature of those gifts and the current net present value of those gifts calculated by reference to a user’s age.
Where a user explicitly asks us to do so, we provide details of the user and their gift to a charity for the purposes of the charity making contact with that user to thank them and provide details of the impact their gift will have. A contractual indemnity is provided to a charity customer in relation to our collection and transfer of that data.
How does your product deal with / identify complex Will structures e.g. where legacy is 2nd death contingent gift? Our online interview helps a user understand when they might consider making a gift to a charity contingent, particularly to safeguard the interests of a spouse or partner. Where they choose to do so, then that data is available as part of our report to a charity.
Are you able to determine customers demographic information e.g. an average age of your client? Yes. Every piece of data about a user is available for analysis, subject always to data protection processes.
If working with a partner charity, are you able to provide monthly activity reports? Our standard reporting package for charities is monthly. A cost-effective package for small charities provides for more limited reporting.