Terms and Conditions of Use

In these Terms and Conditions, the following terms have the meanings set out below:

• "Company" / "We" / "Us" / "Our" means Your Succession Company Pty Ltd (ACN 696 267 660), including its officers, employees, agents, and contractors.
• "Your Succession Lawyers" means the separate and independent law practice operating under the name Your Succession Lawyers, which is a distinct legal entity from the Company and which holds the relevant practising certificates to provide legal advice.
• "Platform" means the Your Succession online platform and all associated software, tools, workflows, content, and services made available at yoursuccession.com.au (or such other URL as notified from time to time).
• "Client" / "You" / "Your" means the individual who accesses or uses the Platform, including any executor, administrator, or personal representative acting on behalf of a deceased estate.
• "Eligible Client" means a Client who has satisfactorily completed the Threshold Eligibility Test and whose Will and Probate application has been assessed by the Platform as straightforward and non-complex.
• "Threshold Eligibility Test" means the questionnaire and assessment tool administered by the Platform to determine whether a Client's matter is suitable for the online self-assisted process offered by the Company.
• "Estate Matter" means the administration of a deceased estate, including the obtaining of a Grant of Probate or Letters of Administration from the relevant court in the applicable Australian state or territory.
• "Legal Services" means legal advice, legal representation, and/or legal services as defined under the Legal Profession Uniform Law or any equivalent applicable legislation in the relevant Australian state or territory.
• "Referral Partners" means real estate agents, finance brokers, stockbrokers, financial planners, accountants, funeral directors, and other third-party service providers whom the Company considers may assist in the administration or execution of an estate.
• "Disbursements" means amounts paid by the Company on behalf of a Client to third parties, including court filing fees, government search fees, and other out-of-pocket expenses.
• "Engagement Letter" means a separate, formal retainer agreement entered into between a Client and Your Succession Lawyers (or another authorised legal practitioner) that governs the provision of Legal Services.
• "Privacy Statement" means the Company's separate Privacy Statement (as updated from time to time) which governs the collection, use, storage, and disclosure of personal information.

2.1 The Company is Not a Law Practice

The Company is not a law practice and does not hold a practising certificate or any authorisation to provide Legal Services. Your Succession Company Pty Ltd is a technology and document preparation company that provides an online assisted process to help Eligible Clients prepare and lodge straightforward Probate applications with the relevant court in the applicable Australian state or territory.

2.2 No Legal Advice Provided

FOR ELIGIBLE CLIENTS, THE PLATFORM DOES NOT PROVIDE, AND IS NOT INTENDED TO CONSTITUTE, LEGAL SERVICES OR LEGAL ADVICE OF ANY KIND. Nothing on the Platform, in any communication from the Company, or in any document prepared through the Platform should be construed as legal advice. The Platform provides document preparation assistance, procedural guidance, and administrative support only.

2.3 Reliance on Assumptions

The Platform operates on the basis of information and assumptions provided by you. The eligibility assessment and the services made available to Eligible Clients are predicated on the accuracy and completeness of that information. Where new information or circumstances come to light that may affect the characterisation of your matter as straightforward or non-complex - including but not limited to:

• the existence of a dispute as to the validity of the Will
• claims against the estate under applicable succession legislation (including family provision claims)
• assets located outside of the relevant state or territory in which the application is being made
• the existence of a trust established by the Will
• insolvency of the estate or disputes as to the value of assets
• multiple Wills, codicils, or informal testamentary documents
• a beneficiary or executor who lacks legal capacity
• any foreign elements or beneficiaries residing overseas
• any other circumstance that may give rise to complexity or dispute

- you must notify the Company immediately in writing so that an assessment can be made as to whether the matter remains suitable for the Platform or requires referral to Your Succession Lawyers or another legal practitioner.

2.4 Separate Entity - Your Succession Lawyers

Your Succession Lawyers is a separate and independent entity from the Company. Legal advice may be provided solely by Your Succession Lawyers (or such other qualified legal practitioner as you choose to engage), and only upon the execution of a separate, compliant Engagement Letter. No advice of a legal nature will be provided by either the Company or Your Succession Lawyers until such time as a signed Engagement Letter is in place.

2.5 Your Right to Seek Independent Legal Advice

Nothing in these Terms and Conditions prevents you from seeking independent legal advice at any time, whether from Your Succession Lawyers or from any external legal practitioner of your choosing. The Company encourages you to seek independent legal advice where you are uncertain about any aspect of the administration of your estate matter. The existence of these Terms and Conditions does not restrict your right to obtain such advice.

2.6 Use of Automated Systems

The Platform uses automated systems, including artificial intelligence, to extract data from documents you upload (such as death certificates and wills) and to assist with the preparation of court documents. You acknowledge that automated extraction may produce errors, and you remain solely responsible for verifying the accuracy of all data and documents before lodging them with any court. The Privacy Statement describes how data is processed through these systems and disclosed to AI service providers.

3.1 Prerequisite to Access

Access to the Platform's document preparation and lodgement services is conditional upon you satisfactorily completing the Threshold Eligibility Test. Only Eligible Clients may proceed with the Platform's assisted process.

3.2 Nature of the Test

The Threshold Eligibility Test is designed to identify matters that are straightforward and non-complex in nature. It is not a substitute for legal advice. The test relies entirely upon the information you provide and cannot account for information that is not disclosed to the Company.

3.3 Your Obligation of Full Disclosure

You warrant and represent that all information provided during the Threshold Eligibility Test and throughout your use of the Platform is true, accurate, complete, and not misleading. Any failure to disclose material information - whether deliberate, inadvertent, or through misunderstanding - may result in documents being prepared on an incorrect basis, which could have serious legal and financial consequences for the estate and its beneficiaries.

3.4 Re-assessment

The Company reserves the right to reassess your eligibility at any stage of the process if information comes to light that suggests your matter may not be straightforward or non-complex. In such circumstances, the Company may suspend or terminate your access to the Platform and refer your matter to Your Succession Lawyers or advise you to seek independent legal advice.

By using the Platform, you represent, warrant, and agree that:

• you are at least 18 years of age and have legal capacity to enter into these Terms and Conditions;
• you are the executor, administrator, or duly authorised representative of the estate to which your application relates;
• all information you provide through the Platform is, to the best of your knowledge and belief, true, accurate, complete, and not misleading;
• you will promptly notify the Company of any change in circumstances or any new information that may affect the characterisation of your matter;
• you will review all documents generated by the Platform carefully and satisfy yourself as to their accuracy before signing or lodging them with any court or authority;
• you understand that you - and not the Company - are the applicant for any Grant of Probate or Letters of Administration and that you bear full legal responsibility for the accuracy and correctness of any sworn or affirmed documents;
• you will not use the Platform for any unlawful purpose or in any manner inconsistent with these Terms and Conditions;
• you will comply with all applicable laws, including relevant succession legislation, the applicable court rules, and any other relevant legislation or court directions in the state or territory in which your matter is being administered.

5.1 Fees

The fees payable for use of the Platform are as set out on the Platform at the time of engagement (or as otherwise agreed in writing). All fees are stated inclusive of GST unless otherwise indicated.

5.2 Monies Not Trust Monies

IMPORTANT: Any monies paid by you to the Company - including the Company's service fees and any amounts collected for Disbursements - are NOT held as trust monies and do not constitute funds held on trust. The Company is not a law practice and is not authorised to maintain a statutory trust account. You acknowledge and agree that all payments made to the Company are made in that capacity.

5.3 Payment of Disbursements to Third Parties

Where Disbursements are payable to third parties (including, without limitation, court filing fees, government search fees, sheriff's fees, or other out-of-pocket expenses), the Company will pay such amounts to the relevant third party at the earliest opportunity that is practically reasonable having regard to:

• the completion of required steps in the application process;
• receipt of cleared funds from you in the amount of the relevant Disbursement;
• any processing or administrative requirements of the relevant authority.

The Company does not guarantee any particular timeframe for the payment of Disbursements. You acknowledge that delays caused by third-party agencies, courts, or government departments are outside the Company's control and the Company accepts no liability for any such delays.

5.4 Non-Refundable Disbursements

Where a Disbursement has been paid to a third party on your behalf, that amount is generally non-refundable regardless of the outcome of your application. The Company will advise you in advance where a Disbursement is non-refundable.

5.5 Refunds of Company Fees

Refund of the Company's service fees is subject to the Company's Refund Policy as displayed on the Platform from time to time. The Company reserves the right to retain reasonable amounts in respect of work performed prior to any cancellation.

6.1 Consent to Disclosure to Referral Partners

By accepting these Terms and Conditions, you expressly consent to the Company disclosing your personal information (including your name, contact details, and relevant details about the estate) to Referral Partners whom the Company reasonably believes may be able to assist in the administration or execution of the estate. Referral Partners may include, without limitation:

• licensed real estate agents (in connection with the sale or transfer of real property forming part of the estate);
• stockbrokers and financial advisers (in connection with the management or sale of shares or other financial assets);
• finance brokers and mortgage brokers (in connection with any borrowing needs or liabilities of the estate);
• accountants and tax advisers (in connection with estate tax obligations);
• valuers and quantity surveyors (in connection with asset valuation);
• funeral directors and celebrants;
• other professional service providers relevant to the administration of the estate.

6.2 Nature of Referrals

A referral to a Referral Partner does not constitute a recommendation or endorsement by the Company. You are free to accept or decline any referral and to engage any service provider of your choice. The Company may receive a referral fee or commission from Referral Partners in connection with introductions made through the Platform. Any such commercial arrangement does not affect the service provided to you unless otherwise disclosed.

6.3 Right to Opt Out

You may withdraw your consent to the disclosure of your personal information to Referral Partners at any time by providing written notice to the Company at info@your-succession.com. Upon receipt of such notice, the Company will cease making new disclosures to Referral Partners; however, any disclosures made prior to receipt of the opt-out notice cannot be reversed. Opting out of referral disclosures will not affect your ability to continue using the Platform.

6.4 Privacy Statement

This clause is intended to supplement, and not to replace, the Company's Privacy Statement, which governs all aspects of the collection, storage, use, and disclosure of your personal information. You are encouraged to read the Privacy Statement carefully. In the event of any inconsistency between this clause and the Privacy Statement, the Privacy Statement shall prevail in relation to the handling of personal information.

The Platform generates documents - including Summons, Affidavits, and other court documents - based on the information you provide. You acknowledge and agree that:

• all documents generated through the Platform are generated on the basis of information provided by you;
• you are solely responsible for reviewing all generated documents for accuracy before signing, swearing, affirming, or lodging them;
• affidavits and other sworn or affirmed documents carry serious legal obligations - providing false information in a sworn document may constitute contempt of court or perjury;
• the Company does not verify the accuracy of information provided by you and is not responsible for errors arising from incorrect or incomplete information provided by you;
• the Company's role in preparing court documents is administrative and does not constitute legal advice or representation before any court.

All content, software, templates, workflows, trade marks, and materials made available on the Platform are the property of the Company or its licensors and are protected by copyright and other intellectual property laws. You may use materials generated for your specific estate matter solely for that purpose. You may not copy, reproduce, adapt, modify, publish, or distribute any content from the Platform without the prior written consent of the Company.

9.1 No Guarantee of Outcome

The Company does not guarantee that a Grant of Probate or Letters of Administration will be issued by the relevant court or any other authority, nor does it guarantee the timeframe within which any application will be processed. The Company's services are procedural and administrative in nature only.

9.2 Exclusion of Consequential Loss

To the maximum extent permitted by applicable law, the Company excludes all liability to you or any third party for:

• any indirect, consequential, special, incidental, or punitive loss or damage;
• loss of profit, revenue, business opportunity, or anticipated savings;
• loss resulting from your failure to provide accurate or complete information;
• delays caused by third-party agencies, courts, government departments, or Referral Partners;
• any loss or damage arising from your failure to seek independent legal advice where recommended or appropriate;
• errors in documents arising from incorrect information provided by you;
• any act or omission of Your Succession Lawyers, which is a separate entity;
• any act or omission of any Referral Partner or third-party service provider.

9.3 Cap on Liability

To the maximum extent permitted by law, the Company's aggregate liability to you in connection with these Terms and Conditions or your use of the Platform (whether in contract, tort, statute, or otherwise) is limited to the total amount of fees paid by you to the Company in the twelve (12) months preceding the event giving rise to the claim.

9.4 Consumer Guarantees

Nothing in these Terms and Conditions is intended to exclude, restrict, or modify rights that you may have under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or any other applicable legislation that cannot be excluded. Where the Company is liable under a non-excludable guarantee, its liability is limited, to the extent permitted by law, to resupplying the relevant services or paying the cost of having those services resupplied.

You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, agents, and contractors from and against any claims, liabilities, losses, damages, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

• your use of the Platform;
• any breach by you of these Terms and Conditions;
• any inaccurate, incomplete, or misleading information provided by you;
• any claim by a beneficiary, creditor, or other third party arising from the administration of the estate;
• your failure to comply with applicable laws or court requirements.

The Company may, without notice, suspend or terminate your access to the Platform where:

• you have breached these Terms and Conditions;
• you have provided false, misleading, or incomplete information;
• it becomes apparent that your matter is not suitable for the Platform's services;
• the Company is required to do so by law or by order of a court;
• you engage in conduct that is abusive, threatening, or unlawful.

Upon termination, the Company will advise you of any steps necessary to preserve your rights in relation to the estate matter. Where possible, the Company will provide reasonable notice prior to suspension or termination, except where immediate action is required.

If you have a complaint about the Platform or the Company's services, please contact us in the first instance at info@your-succession.com. The Company will endeavour to respond to all complaints within five (5) business days. If a complaint relates to the conduct of Your Succession Lawyers, it should be directed to Your Succession Lawyers directly and may also be referred to the relevant legal services regulatory authority in your state or territory if not resolved.

The Company reserves the right to amend these Terms and Conditions at any time. Notice of material changes will be given by posting the updated terms on the Platform with a revised effective date. Continued use of the Platform following the posting of updated Terms and Conditions constitutes your acceptance of the amendments. You are encouraged to review these Terms and Conditions regularly.

These Terms and Conditions are governed by the laws of the State of New South Wales, Australia. You submit to the non-exclusive jurisdiction of the courts of New South Wales (and any courts of appeal therefrom) for the resolution of any dispute arising in connection with these Terms and Conditions or your use of the Platform, regardless of the state or territory in which your Estate Matter is being administered.

15.1 Entire Agreement

These Terms and Conditions, together with the Privacy Statement, constitute the entire agreement between you and the Company in relation to your use of the Platform and supersede all prior representations, agreements, statements, and understandings.

15.2 Severability

If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable, that provision will be severed to the minimum extent necessary and the remaining provisions will continue in full force and effect.

15.3 No Waiver

The Company's failure to exercise or enforce any right under these Terms and Conditions does not constitute a waiver of that right.

15.4 Assignment

You may not assign or transfer any of your rights or obligations under these Terms and Conditions without the prior written consent of the Company. The Company may assign its rights to any related entity or successor business.

15.5 Force Majeure

The Company is not liable for any failure or delay in performance resulting from causes beyond its reasonable control, including natural disasters, acts of government, pandemics, internet outages, or power failures.

15.6 Electronic Communications

You consent to receiving communications from the Company electronically. You agree that agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communications be in writing.