Terms and conditionsOld Mutual Will

GENERAL

1. These Terms and Conditions (“the Terms and Conditions”) govern your (“the User/you/your”) use of the online Old Mutual Will service. When you make use of Old Mutual Will for the first time you will be required to accept these Terms and Conditions. Thereafter, and each time you access Old Mutual Will, you agree to be bound by the Terms and Conditions as applicable at that time. The latest version of the Terms and Conditions is always available on the Old Mutual Secure Services site. You may not use, access, display, use, download, and/or otherwise copy or distribute content obtained on Old Mutual Will.

1.1 Old Mutual Will is a free will drafting service. Should you however require expert estate planning advice during the process of the drafting of your will, certain fees and charges may become payable. See clauses 6 and 7 below in this regard.

2. You also have the option to purchase the additional services as explained in clauses 14 and 15 below, e.g. the collection and storage of your signed will, checking the Department of Home Affairs’ records to see whether you are still alive and/or the notification of a contact person in the event of your death. These additional services are not free. You will be able to get more information about the additional services and the fees that are charged for them online when accessing Old Mutual Will.

3. Old Mutual have engaged the services of an external services provider CliqTech (Proprietary) Limited (Company Registration Number: 2018/623557/07) - “CliqTechto provide the free will drafting as well as the additional services to you on our behalf.

4. These Terms and Conditions must be read together with the Privacy Notice that applies to the accessing and use of Old Mutual’s Secure Services, public web sites and all mobile applications and services. Old Mutual’s Privacy Notice is available here.

5. SERVICES DETAILS

5.1 Old Mutual Will is a free online wills drafting service. You will be required to provide us with an online Snapshot containing your personal financial and other information, personal wishes and instructions. This enables us to draft a document that, if signed in the legally correct manner, as required in terms of South African law, will constitute a legally valid will.

5.2 As part of the information that you provide us you can also provide burial request information, details of the legatees and heirs of your estate, and appoint legal guardians.

5.3 Professional executors will be appointed in your will that will be responsible to administer your estate after your death. An alternative executor of your choice can also be named in your will. The professional executors that will be responsible to administer your estate are Digital Estate Planning Initiatives (Proprietary) Limited T/ A Estate Plan (Company Registration Number: 2009/011113/07).

5.4 You will be provided with a step-by-step guide containing instructions on how to sign your will, together with your witnesses.

5.5 You must understand that the Last will and Testament, as provided by Old Mutual Will is not a legally valid will unless and until signed and witnessed as required in terms of South African law.

5.6 You can access and update your Snapshot at any time.

5.7 You are required to remotely update your Snapshot at least annually to ensure the information remains current. The information is maintained until you die. When this happens, we will make the contents of your Snapshot available to the nominated Executor.

6. ESTATES WITH A GROSS VALUE OF MORE THAN R2MILLION

6.1 If the gross value of your estate is more than R2million, you will be referred to a department within Old Mutual. They will assist you in obtaining the necessary estate planning advice so that a suitable will can be drafted for you.

6.2 You may be charged a fee for the estate planning advice. You will, however, have the choice not to receive estate planning advice. Should you decide not to receive estate planning advice, the department in Old Mutual may continue to provide you with a free will without the benefit of estate planning advice.

6.3 The department will however have the discretion to refuse to provide you with a free will if, in their opinion, it is not in your best interests to receive a free will without obtaining estate planning advice.

7. ESTATES WITH A GROSS VALUE OF LESS THAN R2MILLION: WHEN YOU NEED EXPERT ESTATE PLANNING ADVICE

7.1 It is IMPORTANT for you to understand that it will be in your best interests to obtain expert estate planning advice if the following circumstances are applicable to your estate e.g. you have more than one fixed property, overseas assets, businesses, or assets in trusts. These are only a few examples of such circumstances.

7.2 We will notify you if, in our opinion, you need expert estate planning advice.

7.3 You will then be put in contact with suitable estate planning service providers that can provide you with the necessary assistance. They are not part of, or employed by Old Mutual in any manner and will inform you of the fees that they charge for their services.

7.4 You are not under any obligation to make use of their services and you are free to request that an Old Mutual adviser contact you for assistance.

7.5 If you decide not to obtain estate planning advice, you will still be able to receive a free will. This will however be at your own risk.

8. LIMITATION OF LIABILITY

8.1 You agree that Old Mutual will not be liable for any damages that you, your heirs or legatees or dependents might suffer, where we provided you with a free will, based on the information and instructions received from you or where you did not follow the instructions regarding the manner in which the will must be signed by all relevant parties.

8.2 It remains your responsibility to ensure that the will, as provided to you for signing, is an accurate reflection of your information, instructions to us and your wishes as testator or testatrix.

9. COMPREHENSIVE FINANCIAL SERVICES ARE AVAILABLE

9.1 Old Mutual is able to provide financial products such as life cover and savings products that can assist you in achieving your financial goals.

9.2 By accepting these Terms and Conditions and using the online wills drafting service, you consent to Old Mutual contacting you regarding our services and products as a result of the information you have provided and that we have of you on record.

9.3 You will have the ability to request that one of our financial advisers contact you, should you wish, to provide you with a comprehensive estate plan and information about or products and services.

10. YOUR OBLIGATIONS AS AN OLD MUTUAL WILL USER

10.1 You must be 16 years of age and older to qualify as User.

10.2 Because you are able to access and use Old Mutual Will by logging on to Old Mutual Secure Services, your Secure Services login details, including your username and password must be kept confidential at all times. Old Mutual will not accept liability for any damages that you may suffer due to the unauthorised use of Old Mutual Will, where the unauthorised access was due to your failure to keep your login details confidential.

10.3 You agree to notify us immediately if you become aware of or believe there is or may have been any unauthorized use of (or activity using) your login details or any other need to deactivate your login details due to security concerns.

10.4 You expressly give consent, by becoming a User of Old Mutual Will that any and all information posted by you and collected and stored on your behalf on Old Mutual Will for purposes of utilising the products and services offered on and through Old Mutual Will and as set out in the Privacy Notice is posted, collected and stored with your express consent. Under no circumstances shall Old Mutual or any of its affiliates, respective partners, officers, directors, employees, subsidiaries, sponsors or agents be held liable for any damages, whether incidental, direct, indirect, special or consequential damages and including without limitation, lost revenues or lost profits arising from or in connection with the posting, collection and storage of your personal information on Old Mutual Will whether incurred by you or any other third party.

11. RENEWAL/UPDATE OF YOUR SNAPSHOT

11.1 You must, at least annually, update your Snapshot (as defined in clause 5) through Old Mutual Will.

11.2 You must ensure at all stages that your email address and contact details of the remain correct and updated;

11.3 Old Mutual will: -

11.3.1 notify you of the necessity to update your Snapshot on the System via email;

11.3.2 provide you with a copy of your most recent Snapshot for quick confirmation of details or in order to make the necessary updates and amendments on the System.

12. INSTRUCTIONS FOR COMPLETION AND SIGNATURE OF YOUR OLD MUTUAL WILL

It is very important that you complete and sign your Old Mutual Will properly and correctly otherwise it can be contested and set aside by the courts. After your Old Mutual Will has been emailed to you, you must carefully follow the instructions on how to sign the will.

Should you be uncertain about any aspect of the will or the instructions on signing it, you must contact our Service Consultants immediately to obtain assistance and guidance.

We cannot accept liability for any consequences to you or your nominated heirs or legatees if you do not follow the instructions carefully.

13. UPDATING YOUR OLD MUTUAL WILL

13.1 Because your personal circumstances or the size of your estate might change from time to time, it is important to review your will at least yearly or when your circumstances change.

13.2 It is your responsibility to inform us of any changes to your personal circumstances that might require a review of your will.

13.3 You may access your Old Mutual Will on the Old Mutual Will system at any time to update your Last Will and Testament.

13.4 You will be reminded every year to update your Old Mutual Will.

14. ADDITIONAL SERVICES: COLLECTION AND STORAGE OF YOUR OLD MUTUAL WILL

14.1 Old Mutual Will Storage makes it easy and affordable to securely store your new or updated will. We collect your will via courier from anywhere in the country and securely transport it to our offices where it gets checked for any errors, scanned and barcoded before being securely stored in secured fireproof facility.

14.2 Cliqtech will facilitate the collection of the Old Mutual Will should you have elected to purchase the Old Mutual Will Storage service. The Old Mutual Will Storage service is payable annually and allows for the collection of the new or updated will once a year at or after the date of annual renewal of the service. Storage of the will is facilitated by Estate Plan as the Executors.

14.3 Should you decline to use the Old Mutual Will Storage Service or fail/refuse to deliver/courier the first Old Mutual Will or fail/fail to deliver/courier an original copy of the further/later amended Old Mutual Will to our offices, you undertake to inform his/her next of kin as to where the original Old Mutual Will is so that Estate Plan can proceed with the winding up of the your estate upon death.

15. ADDITIONAL SERVICES: OLD MUTUAL WILL CHECK

T15.1 he Old Mutual Will Check service runs a check on the first day of the month in real-time against the South African Department of Home Affairs to determine your death status and proactively informs your dependents of record of the existence of your will held in safekeeping with Estate Plan for 12 consecutive months.

15.2 The Old Mutual Will Check service is renewable annually.

16. IMPORTANT QUALIFICATIONS AND EXCLUSIONS

16.1 Should the Executor ascertain that your estate as stipulated in your Old Mutual Will includes reference to assets that have not been finally transferred into your name prior to your death e.g. a property that was left to you either intestate or testate by a parent, then Estate Plan, if duly appointed as executor, reserves the right to charge the full Executor’s fee permissible in terms of the laws of the Republic of South Africa for the winding up of the earlier estate prior to commencing on the finalisation of your Estate.

16.2 In terms of the Administration of Estates Act of 1965, should your estate have a Total Asset Value of less than or equal to R250 000.00 it is deemed to be a Section 18(3) Estate. To have your Estate finalised for free your Snapshot of your Estate must have been updated in the last 12 months preceding your death. You need to have opted for the Old Mutual Will Executor service and the annual fee must be paid and up to date for the Old Mutual Will Executor service. The free service will include:

16.2.1 Reporting the deceased estate to the Master of the High Court and obtaining a Letter of Authority.

16.2.2 Opening of an Estate late bank account, if necessary.

16.2.3 Closing of all the deceased's bank accounts

16.2.4 Distributing any cash in the Estate late bank account to heirs.

16.2.5 Failing this annual update and not having opted for the Old Mutual Will Executor service, Estate Plan will provide a quotation to your beneficiaries and/or family members to wind up the Section 18(3) estate on behalf of your beneficiaries. Should the quotation not be accepted by your beneficiaries/Executor, Estate Plan reserves the right to renounce its appointment as the executor and to defer to the nominated the co- executor as your Executor.

16.2.6 Should your Snapshot be up to date and you have opted for the Old Mutual Will Executor service Estate Plan will act as the Executor at no charge to the User’s Estate to provide the Service. This will however not include the following:

16.2.6.1 Estates that are insolvent.

16.2.6.2 Estates where there are civil disputes or court actions of any nature are pending or ongoing as at the time of your death, including but not limited to disputes between potential beneficiaries regarding the validity of the will or which version of the will is valid, who the correct beneficiaries are and legal disputes involving fixed property.

16.2.6.3 Finalising outstanding income tax returns.

16.2.6.4 Transfer cost for the transfer of any movable or immovable property in the Estate.

17. RULES OF CONDUCT

17.1 Your use of Old Mutual Will is subject to all applicable national laws and regulations and, in some cases, international regulation. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your login details and Old Mutual shall not, under any circumstances, be held liable to any third parties for any activity, act or omission that may occur from, through or under your login details or through your use of Old Mutual Will. You shall not use, allow, or enable others to use Old Mutual Will, or knowingly condone use of this Old Mutual Will by others, in any manner that is, attempts to, or is likely to:

17.1.1 Be libellous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may or may appear to impersonate anyone else;

17.1.2 affect us adversely or reflect negatively on Old Mutual, Old Mutual Will, Old Mutual’s goodwill, name or reputation or cause duress, distress or discomfort to Old Mutual or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of Old Mutual Will, or from advertising, linking or becoming a supplier to Old Mutual in connection with Old Mutual Will.

17.1.3 send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, surveys, contests, pyramid scheme, or so-called "spamming" and "phishing";

17.1.4 be used for commercial or business purposes, including, without limitation, advertising, marketing or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other system or website pages;

17.1.5 transmit, distribute or upload programmes or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses, spyware, or other potentially harmful programs or other material or information;

17.1.6 create a false identity for the purpose of misleading others;

17.1.7 violate any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the Republic of South Africa), judicial or governmental order or any treaties, or violate or infringe upon any intellectual property rights, rights of publicity or privacy or any other rights of Old Mutual or of any other person, firm or enterprise; gain unauthorized access to Old Mutual Will, other users' accounts, names, passwords, personally identifiable information or other computers, websites or pages, connected or linked to Old Mutual Will or to use Old Mutual Will in any manner which violates or is inconsistent with the terms and conditions of this Agreement;

17.1.8 modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of Old Mutual Will or the rights of use and enjoyment of Old Mutual Will by any other person, firm or enterprise.

17.1.9 Should Old Mutual determine that you have, in its opinion, breached one of the Rules of Conduct set out in clauses 17.1.1 to 17.1.8 above, Old Mutual reserves the right to remove your access to Old Mutual Will and prevent you from remaining as a User on Old Mutual Will.

18. UPDATING OF THESE TERMS AND CONDITIONS

Old Mutual reserves the right to change, modify, add to or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Old Mutual Will Service. However, it remains your obligation to read these Terms and Conditions when logging on to familiarize yourself with any and all changes and updates. Your continued use of this Old Mutual Will Service following the posting of changes or updates will be considered notice of your acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.

19. COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS

This website contains material which is owned by or licensed to Old Mutual. This material includes, but is not limited to, the design, layout, look, logos, and graphics. You are authorized to view and download, print and make copies of such printouts provided that you use the material for personal and non – commercial purposes only. You may copy the content to individual third parties for their personal use, but only if you acknowledge this website as the source of the information and /or materials. You may not without Old Mutual’s expressed written consent distribute or commercially exploit the content.

20. SERVICE MAINTENANCE AND AVAILABILITY

20.1 Old Mutual relies on the online services of external parties in bringing the Old Mutual Will service to you. We reserve the right to suspend the Service at any point if the services provided by the external parties are stopped or interrupted for any reason.

20.2 We may also suspend the Service, and restrict access to the entire Service or any part thereof, without prior notice to you in order to update or maintain Old Mutual Will.

20.3 You agree that Old Mutual will not accept be liable for any damages that you, or your heirs or potential heirs or dependents might suffer as a result of actions in clauses 22.1 and 22.2.

21. SUSPENSION AND/OR TERMINATION OF SERVICES

21.1 We are entitled, without prejudice to any other rights we may have, to suspend and/or terminate the provision of the services to you:

21.1.1 if you are in breach of any of the terms of these Terms and Conditions or the Privacy Notice , and/or any other of our policies applicable to your use of the services;

21.1.2 immediately if we have reason to believe that your use of the services is fraudulent or negatively impacting the operating capability of the services;

21.1.3 immediately if we are notified of or suspect unauthorized access or use of your account or have another security concern, to assess and contain the situation.

21.1.4 immediately if we determine, in our sole discretion, that providing the services is prohibited by law;

21.1.5 on 30 (thirty) days written notice to you, if we determine in our sole discretion that it has become impractical or unfeasible for any legal or regulatory reason to continue to provide the services.

22. NOT LIABLE FOR THE EFFECTS OF USE OF THIS OM WILL ONLINE SERVICE

Use of Old Mutual Will, and/or any of the services and products offered through it, is at your sole risk. You shall have no claim against us for any loss, damages, harm, injury, death or expense which may be suffered by you or by any third party from any cause whatsoever, howsoever arising, including, but not limited to any act, omission, default or negligence on our part, failure by us to comply with the Privacy Notice, breach of security or the terms of use by any person including ourselves, your reliance on the content of the online wills drafting system or information or advice provided to you, performance of the software, suspension or interruption of your access to this system, or distortion, corruption or loss of data. Damages shall include direct, indirect, general, special, incidental, punitive and consequential.

23. PERMISSION FOR HYPERLINKS, DEEP LINKING, CRAWLERS AND METATAGS

23.1 Nobody may establish a hyperlink, frame, metatag or similar reference, whether electronically or otherwise (collectively referred to as linking), to this System or any subsidiary pages before receiving our prior written approval, which may be withheld or granted subject to the conditions we specify from time to time.

23.2 An application for linking must be submitted to Old Mutual Will administrator. Once received we will do our best to respond and enter into further discussions with you. If you don’t get a written response from us within five business days, consider your request as having been rejected.

23.3 Breach of these conditions entitles us to take legal action without prior notice to you and you agree to reimburse the costs associated with such legal action to us on an attorney and own client scale.

24. COOKIES

“Cookies” are small amounts of information stored by your computer. Our server may issue cookies to your computer so that we can better serve you when you return to our System. You can set your browser to notify you when you receive a “cookie” giving you the chance to decide whether to accept it. Please see our Cookies Policy.