Terms And Conditions

The terms and conditions (Terms and Conditions) on this page govern your use of the website at www.probatemate.com.au (Website) and all services offered on or through the Website as well as all related services or materials provided in connection with the Website or your use of the Website (Website Services and Content). The Website and Website Services and Content are operated and provided by Piccardi Legal Pty Ltd 140 342 776 (PL).

By using the Website and Website Services and Content you hereby:

agree to be bound by our Terms and Conditions and Disclaimer; and
acknowledge that you have read and understand our Terms and Conditions and Disclaimer.

PL may change the Terms and Conditions and/or Disclaimer at our sole discretion and without notice and by continuing to use the Website you accept the Terms and Conditions and Disclaimer as amended from time to time.

If you do not accept our Terms and Conditions and Disclaimer, you should not use the Website and Website Services and Content.

Any dispute between you and PL arising out of or in connection with your use of the Website and Website Services and Content shall be governed by the laws of the State of Queensland, Australia and shall be subject to the jurisdiction of the courts of that State.

Any reference to PL shall be taken to include any of its affiliated entities, agents, contractors, associates and employees.

Login details

If we issue you a username and/or password to facilitate your use of the Website you must keep those details confidential. If you do not, you are responsible for any misuse of such username and/or password.

Malware

PL does not provide any guarantee that the Website or any websites linked from the Website are free from computer viruses or malware and accepts no liability or legal responsibility for the transmission of any malware or computer viruses.

Online payments

Facilities for making payments by credit and debit cards are available on the Website (Online Payment Facilities). The Online Payment Facilities are provided by a third party. PL accepts no liability whatsoever arising out of or in connection with the use of the Online Payment Facilities.

Payments made using the Online Payment Facilities may attract bank or service fees. You are solely responsible for any fees incurred by using the Online Payment Facilities.

Refunds

All refunds, subject to any legal requirements, will be at the sole discretion of PL and will only be made to the debit or credit card used for the payment to be refunded. Requests for refunds must be in writing and emailed to [email protected].

No lawyer-client relationship created or legal advice given

The Website and Website Services and Content and all information and content contained therein are provided for general information only. The Website and Website Services and Content do not constitute legal advice or the provision of legal advice and is not a substitute for legal advice. You acknowledge and agree that using the Website and Website Services and Content does not in any way create a legal retainer or lawyer-client relationship between PL, any of its employees, agents, contractors, associates, related entities and you. PL does not act on behalf of any person as a result of the use of the Website or Services and Content.

You acknowledge and agree that no legal retainer or lawyer-client relationship arises between you and PL, and no legal advice is provided to you by PL, unless and until:

you and PL enter into and sign a written Client Service Agreement to be provided to you by PL; and
you pay the deposit or retainer required by PL into the trust account of PL.

As PL only provides general information through the Website and Website Services and Content, you should obtain legal advice in relation to your circumstances and those of the particular deceased estate as legal advice will vary depending on the facts and circumstances in each instance.

You acknowledge and agree that PL can only assist in preparing and providing you with forms or documents based upon the information provided by you and that disputes, litigation, damages and costs may arise in circumstances where you have not provided full and accurate information, which you will be solely responsible for.

You acknowledge that providing false or misleading information to PL could result in you becoming liable to criminal or civil penalties.

No liability

PL does not accept any legal responsibility or liability whatsoever in connection with the use of the Website and Website Services and Content including but not limited to any errors, omissions or delays.

PL makes no statements, representations, warranties or guarantees as to the accuracy, correctness, reliability, completeness or currency of the Website and Website Services and Content and you should not rely on them. You should make your own independent enquiries and obtain appropriate legal advice about the Website and Website Services and Content and in relation to the specific circumstances pertaining to the relevant circumstances or estate.

PL expressly disclaims all responsibility and any liability whatsoever (including but not limited to those in connection with negligence) to you or any third party for any and all suits, claims, injuries, damages, liabilities, losses, expenses or any other costs whatsoever arising out of or in connection with the use of the Website and Website Services and Content and by using the Website and Website Services and Content you hereby forever release, discharge and waive any and all claims, demands, rights and entitlements you may otherwise have against PL or any related entity, employee, associate, servant or agent of PL in relation to same absolutely and irrevocably.

Unsuitable utilisation

Without limitation of or derogation from the above, you agree not to utilise the Website and Services and Content in relation to any probate application, letters of administration application, Will or estate where any of the following circumstances apply:

where there is a dispute about who should apply for a grant of probate or letters of administration or administer an estate;
where there is a concern or apprehension that another person may attempt to apply for probate or letters of administration;
where there is an actual or anticipated dispute about how the estate should be administered;
where there a concern or anticipation that somebody is likely to contest a Will to seek further provision from an estate;
where there is any concern about the mental or decision-making capacity of the deceased when the Will was made;
where you are unwilling to act as executor, believe you are incapable of acting as executor, believe you are not an appropriate person to act as executor (for instance, if you are bankrupt) or if you have concerns about assets being transferred to a beneficiary under the Will (for instance, a person who is bankrupt or at risk of a relationship breakdown and matrimonial property settlement);
where the deceased was a bankrupt upon death, where the estate is insolvent or where any beneficiary of the estate is a bankrupt;
where there is an intention to distribute or deal with the estate in any way other than the way set out in the Will;
where the deceased did not leave a Will;
where the original Will has been lost and only a copy is available; or
where a grant of probate or letters of administration is urgently required or where prejudice may result from delay.

For the avoidance of all doubt and without limitation to or derogation from the above, PL does not accept any liability whatsoever for use of the Website and Website Services and Content where any of the above circumstances apply and you indemnify PL against any claim, loss or damage which may arise in circumstances where you use the Website and Website Services and Content under any of the circumstances set out above.

Severability

These Terms and Conditions will, so far as possible, be interpreted and construed so as not to be invalid, illegal or unenforceable in any respect, but if a provision, on its true interpretation or construction is held to be illegal, invalid or unenforceable:

that provision will, so far as possible, be read down to the extent that it may be necessary to ensure that it is not illegal, invalid or unenforceable and as may be reasonable in all the circumstances so as to give it a valid operation; or
if the provision or part of it cannot effectively be read down, that provision or part of it will be deemed to be void and severable and the remaining provisions of this document will not in any way be affected or impaired and will continue notwithstanding that illegality, invalidity or unenforceability.