Terms and Conditions

Footprint Will Package Service Specific Terms

  1. Introduction

    1. These Service Specific Terms form part of our agreement with you ("Will Package Service Specific Terms") in relation to the supply of our Will Package Services to you ("Will Package Services").
    2. You also need to read our general terms and conditions of service ("Standard Terms"), available on our website here www.myfootprint.co.nz/terms-conditions, which apply to your use of the Will Package Services and any applicable Special Terms (which may be set out on our website or otherwise provided to you by us).
    3. Capitalised terms used but not defined in these Will Package Service Specific Terms have the meaning given to them in the Standard Terms.

  1. Will Package Services

    1. Your Will Package Services entitle you to the following:
      1. Access to our online will system to complete an online will or the ability to upload your own will (being, a "BYO Will", as defined in the Standard Terms) or a will that you have prepared with one of our Referral Providers, to our platform. If your needs are identified by our system as not being appropriate for use with our online will system you will not be able to complete a will using our online will system and will instead be referred to one of our Referral Providers to complete your will. Wills completed by a Referral Provider will be subject to the payment of additional charges (such charges to be payable by you to such Referral Provider direct, should you choose to proceed), but as part of the Will Package Services we will provide you with a $50 discount to use with that Referral Provider's services ("Referral Discount").
      2. The ability to complete a one-off, free, edit of your will during the period commencing on and from the date that you first submit your online will using our platform and ending four weeks after this date. Thereafter additional fees may apply to any requests to change your will to the extent that the edits are not included in the Will Package Services described in this paragraph 2.1.
      3. The ability to update your will stored on our platform annually, enabling you to make certain permitted changes to your will. If the changes you wish to make cannot be supported by our platform such as where the relevant change requires legal advice or is likely to make your estate Complex (as defined in paragraph 3.1 below), we will refer you for an appointment with a Referral Provider and you will receive an additional Referral Discount off any associated charges from that Referral Provider (should you choose to proceed).
      4. Access to the Vault to electronically store and access your will, documents and other related materials on demand.
      5. Physical storage of your original will in our secure facility.
      6. Will notifications.
      7. Online estate planning learning labs.
      8. Subject to paragraphs 2.2 to 3.4 below, access to an exclusive estate administration package with one of our Referral Providers, valued at $10,000 ("Estate Services").
    2. The Estate Services are provided to you by one of our Referral Providers direct and will be subject to the terms of your agreement with such Referral Provider and not our agreement with you. However, the Estate Services should broadly include the provision of the following:
      1. where the Referral Provider is named as the executor in your will:
        1. locating and liaising with your family or next of kin following notification to the Referral Provider of your death;
        2. obtaining a grant of administration or probate, if applicable, from the High Court (a legal authority to act in your estate);
        3. providing your beneficiaries with an estate management plan and regular progress and other updates regarding administration of your estate;
        4. compiling a list of assets and liabilities of the estate;
        5. dealing with the assets of your estate once a grant of administration or probate has been obtained (for example, closing bank accounts, redeeming investments, co-ordinating the sale of property and collecting proceeds of insurance policies);
        6. paying debts out of your estate’s assets (for example, funeral costs and credit card balances);
        7. recording any transmission of property by survivorship relating to any jointly owned New Zealand assets;
        8. finalising your taxation matters, including filing personal tax returns to the date of your death and dealing with any required estate tax returns from the date of your death and final distribution; and
        9. preparing financial statements for your estate and providing copies to the beneficiaries of the estate; or
      2. where the Referral Provider is not named as executor in your will, the provision of executor support upon notification to the Referral Provider of your death, including preparing documents for, and providing guidance to, your executor, provided that you may only redeem the Estate Services if your will is valid at the time of your death.

  1. Will Package Service Exclusions

    1. You acknowledge that the Will Package Services may not be appropriate for all persons and we may decline your registration for the Will Package Services at our discretion, including where your will and estate needs are complex. Your needs are complex ("Complex") for the purposes of these Will Package Service Specific Terms if:
      1. you own assets outside of New Zealand;
      2. your will provides for assets to be given to beneficiaries that live outside of New Zealand
      3. your will involves an intestate estate or appoints co-executors;
      4. your estate includes a charitable trust, inheritance trust or a testamentary trust or a life interest or right of occupancy in any properties; or
      5. your estate is challenged by your beneficiaries or potential beneficiaries.
    2. Where your estate is, or becomes, Complex and you have named one of our Referral Providers as the executor in your will, the named Referral Provider may charge fees for services provided specifically to deal with those aspects of your estate that make it Complex. You should refer to the terms of your agreement with the applicable Referral Provider if you have any questions about the Estate Services provided by your Referral Provider.
    3. The Will Package Services do not include any third party costs such as court fees, bank charges and third party professional advisers fees (including but not limited to legal, tax and accounting fees. To the extent that you are using the Estate Services, the applicable Referral Provider may levy its fees against your estate directly for any such third party costs which will be subject to GST. You should refer to the terms of your agreement if you have any questions about the Estate Services provided by your Referral Provider.
    4. If you use a BYO Will as part of the Services and wish to take advantage of the Estate Services:
      1. the exclusions specified in paragraph 3.1 above also apply to the administration of your estate; and
      2. you acknowledge that you are responsible for ensuring that your BYO Will identifies the applicable Referral Provider as executor. If you have not identified a Referral Provider as executor at the time of your death, the existing executor may handover their executorship to one of our Referral Providers, but this may be subject to additional charges from that Referral Provider.
    5. You acknowledge that the Estate Services are provided to you by the Referral Provider direct and not us and that we are in no way responsible for the Estate Services provided to you by such Referral Provider. If you have any questions or concerns in respect of the Estate Services you must contact your Referral Provider direct.

  1. SERVICE FEES

    1. The Service Fees for the Will Package Services are set out on our website, available here www.myfootprint.co.nz/will-package (as amended by us from time to time in accordance with the Standard Terms) and, unless agreed otherwise (such as where Special Terms apply to your use of the Will Package Services or as specified in the Footprint Connect Partner Agreement applicable to your use of the Services) are paid annually in advance.
    2. In addition, your estate may also be charged a one off Service Fee of $5,000 + GST, if you have named a Referral Provider as your executor (or are otherwise using the Estate Services) and have been registered for the Will Package Services for less than five consecutive years prior to the date of your death.
    3. Unless terminated in accordance with the Standard Terms
      1. we will automatically debit the recurring Service Fees for your Will Package Services on an annual basis commencing on the date that you first pay the Service Fees, by using your credit card details stored on your Account; and
      2. we will continue to charge the Service Fees for the Will Package Services until your estate is settled, provided that in the event that this occurs part-way through the period for which you have paid the Service Fees, we will apply a refund to your estate of an amount equal to the value of the Service Fees for Will Package Services paid, but not received, during this period.

  1. TERMINATION

    1. In addition to the terms set out in the Standard Terms, if your subscription to the Will Package Services is terminated or you have outstanding Service Fees on the date of your death, neither us nor our Referral Providers (or any other provider) will be under any obligation to arrange to provide the Estate Services. In such circumstances, your estate may be charged for any estate related services conducted by such Referral Provider in accordance with their standard terms.

  1. Executor Support

    1. Where a Footprint third party professional executor has not been selected as Executor in the Will, Footprint’s third party provider can provide Executor Support services to the appointed personal Executor by preparing documents and providing guidance and advice.
    2. Executor Support excludes completing any transmission(s), transfers or sale of property as non-appointed Executors are prohibited from undertaking certain tasks with respect to an estate where they have not been appointed as Executor.
    3. If the appointed Executor does not request the Executor Support service included as part of the Will Package, there will not be any refund of subscription fees paid into the estate from Footprint as the client has had full use of Footprint’s other features through their subsidy. If the Executor elects to transfer Executorship over to Footprint’s third party provider then the third party provider will abide by the agreed services of the Footprint Will Package offer.

Footprint Will It Service Specific Terms

  1. Introduction

    1. These Service Specific Terms form part of our agreement with you ("Will It Service Specific Terms") in relation to the supply of our Will It Package Services to you ("Will It Services").
    2. You also need to read our general terms and conditions of service ("Standard Terms"), available on our website here www.myfootprint.co.nz/terms-conditions, which apply to your use of the Will It Services and any applicable Special Terms (which may be set out on our website or otherwise provided to you by us).
    3. Capitalised terms used but not defined in these Special Terms have the meaning given to them in the Standard Terms.

  1. Will It Services

    1. Your Will It Services entitle you to the following:
      1. Access to our online will system to complete an online will or the ability to upload your own will (being a "BYO Will", as defined in the Standard Terms) or a will that you have prepared with one of our Referral Providers, to our platform. If your needs are identified by our system as not being appropriate for use with our online will system you will not be able to complete a will using our online will system and will instead be referred to a Referral Provider to complete your will. Wills completed by a Referral Provider will be subject to the payment of additional charges (such charges to be payable by you to such Referral Provider direct, should you choose to proceed), but as part of the Will It Services we will provide you with a $50 discount to use with that Referral Provider's services ("Referral Discount").
      2. The ability to update your will stored on our platform annually, enabling you to make certain permitted changes to your will. If the changes you wish to make cannot be supported by our platform such as where the relevant change requires legal advice, we will refer you for an appointment with one of our Referral Providers and you will receive an additional Referral Discount off any associated charges for that Referral Provider's services (should you choose to proceed).
      3. Access to the Vault to electronically store and access your will, documents and other related materials on demand.
      4. Physical storage of your original will in our secure facility.
      5. Will notifications.
      6. Online estate planning learning labs.
    2. The Will It Services do not include the provision of any estate administration or other related services of any kind

  1. SERVICE FEES

    1. The Service Fees for the Will It Services are set out on our website, available here www.myfootprint.co.nz/will-it-package (as amended by us from time to time in accordance with the Standard Terms) and, unless agreed otherwise (such as where Special Terms apply to your use of the Will It Services or as specified in the Footprint Connect Partner Agreement applicable to your use of the Services), are paid annually in advance.

  1. Executor Support

    1. Including Executor Support in your Will when appointing a personal executor (not a Footprint third party professional executor) enables your personal executor quick and easy access to professional support.
    2. Executor Support will be supplied by one of our approved third party providers. Executor Support services supplied by our third party provider are provided at the sole discretion of your personal executor and any charges for services that are undertaken will apply to your estate. Further information on charges can be found here.
    3. Executor Support excludes completing any transmission(s), transfers or sale of property as non-appointed Executors are prohibited from undertaking certain tasks with respect to an estate where they have not be appointed as Executor.

Footprint Single Will Service Specific Terms

  1. Introduction

    1. These Service Specific Terms form part of our agreement with you ("Single Will Service Specific Terms") in relation to the supply of our Single Will Services to you ("Single Will Services").
    2. You also need to read our general terms and conditions of service ("Standard Terms"), available on our website here www.myfootprint.co.nz/terms-conditions, which apply to your use of the Single Will Services and any applicable Special Terms (which may be set out on our website or otherwise provided to you by us).
    3. Capitalised terms used but not defined in these Single Will Service Specific Terms have the meaning given to them in the Standard Terms.

  1. Single Will Services

    1. Your Single Will Services entitle you to:
      1. complete an online will using our Footprint online will system and the ability to download a digital copy of the same; and
      2. physical storage of your original will in our secure location.

  1. Service Fees

    1. The Service Fee for the Single Will Services are set out on our website, available herewww.myfootprint.co.nz/single-will (as amended by us from time to time in accordance with the Standard Terms) and is paid as a single one-off fee upon your registration to use the Single Will Services.

  1. Executor Support

    1. Including Executor Support in your Will when appointing a personal executor (not a Footprint third party professional executor) enables your personal executor quick and easy access to professional support.
    2. Executor Support will be supplied by one of our approved third party providers. Executor Support services supplied by our third party provider are provided at the sole discretion of your personal executor and any charges for services that are undertaken will apply to your estate. Further information on charges can be found here.
    3. Executor Support excludes completing any transmission(s), transfers or sale of property as non-appointed Executors are prohibited from undertaking certain tasks with respect to an estate where they have not be appointed as Executor.