Capital Life Funeral Planning Ltd (registered in England and Wales with company number 03534103) whose registered office is Brooke Court, Lower Meadow Road , Handforth , Wilmslow SK9 3ND provides funeral plans in accordance with the terms and conditions as set out below.
1.1 Where used in these Terms and Conditions (“the Terms”) the following words shall unless otherwise stated have the following meaning:
“Additional Services” means any services which are not included within the Plan but which have been requested/selected by You, the details of which are set out in the Plan Documents.
“Agreement” means the contract between You and Capital Life comprising the Application, the Plan Documents and the Terms.
“Application” means the form You have completed or has been completed for You upon Your instructions for the purpose of purchasing a Plan.
“Cancellation Charge” means an amount equal to 20% (twenty per cent) of the Total Plan Value (subject to a minimum charge of £595) in accordance with section 9 of these Terms if You cancel the Plan more than 21 days after the Plan Start Date.
“Disbursements” (also referred to as third party fees) means third party costs associated with the funeral paid by Capital Life or the Funeral Director which are the fees payable to the doctor or coroner for the issue of a death or cremation medical certificates or coroner’s certificates, cremation or burial fees, the service at a crematorium or cemetery and the fees for the minister or celebrant to perform the services at the crematorium, cemetery or graveside. For the avoidance of doubt, the Plan does not cover the cost of the service at the crematorium or cemetery.
“Discretionary Payment” means such additional payment You may agree to pay in addition to the price for the Plan as set out in the Plan Certificate/Plan Documents which will be allocated as an allowance to such Additional Services that can be provided at the time of death in accordance with section 4.5.
“Funeral Director” means the third party appointed by Capital Life once the Plan has been taken out by the Plan Holder or at the time of death to carry out the funeral.
“Funeral Director’s Fees and Services” means those fees for those services supplied directly by the Funeral Director as set out in the Plan Certificate.
“Payment Method” means the way You have selected to pay for the Plan either by way of a one-off payment or by way of instalments or under the Payment Plus Option.
“Payment Plus Option” means the payment plan under which you may elect to pay for the Plan the details of which as set out in the Plan Documents and under section 7 ( Payment Method)
“Plan” means the particular funeral plan which You have selected from the plans available as may be varied from time to time (currently Simple/Ceremonial/Traditional/The Royal/The Imperial/The Majestic, the details of which are set out in the Plan Documents) together with any Additional Services.
“Plan Certificate” means the document setting out the details of the Plan Holder together with a certificate number which is required for the purpose of identifying the Plan which has been purchased and which must be produced at the time of death.
“Plan Documents” means all documents and papers Capital Life shall provide to You including the Application, Plan Certificate, the Terms and any additional documents issued to You within 14 working days of the Plan Start Date, together with any further documents which may be sent to You at any time thereafter (and which will be identified as part of the Plan Documents).
“Plan Holder” means the person for whom the Plan has been purchased (who may also be the Plan Purchaser).
“Plan Price” means the price You will pay for the Plan together with any Additional Services You have selected (and including any Discretionary Payment) as set out in the Plan Documents.
“Plan Purchaser” means the person who is paying for the Plan and is entering into the contract with Capital Life (who may also be the Plan Holder).
“Plan Start Date” means the date on which the Plan becomes effective in accordance with section 9.
“Representative(s)” means any person who has been legally appointed and authorised to act on behalf of the Plan Holder whether before or after the death of the Plan Holder, such as an attorney (appointed under a Power of Attorney), executor or trustee.
“Special Requests” means any personal requests You have made at the time of the Application or any time thereafter (to include, but not limited to, such matters as the way the funeral is to be conducted, hymns, donations etc.) and whether such request is at a cost to the Plan Purchaser or otherwise.
“Supplemental Charge” means the costs associated with and charged for the deferment of payments made by way of instalment.in accordance with section 7.2 ( Instalments)
“Total Plan Value” means the Plan Price together with the Supplemental Charge for the duration of the Plan (if applicable).
“Us/We/Capital Life” means Capital Life Funeral Planning Limited.
“You/Your” means the Plan Purchaser (who may also be the Plan Holder).
2. THE PLAN
2.1 Capital Life Funeral Plans are provided by Capital Life.
2.2. The Plan is intended to give You peace of mind so that You have put arrangements in place prior to Your death (at an agreed cost) without the concern of having to put in place arrangements at the time of death.
2.3. Should You or Your Representative(s) need to speak to anyone concerning Your Plan
You should contact:
Post: Capital Life Funeral Planning Ltd
Lower Meadow Road,
Email: for general information – email@example.com
for complaints – firstname.lastname@example.org
Telephone: 0800 411 8683
2.4. The postal addresses in section 2.3 should be used in the event of cancellation pursuant to section 9.1 or if You wish to raise any complaint (see section 12).
3. THE APPLICATION
3.2. If You are the Plan Purchaser (but not the Plan Holder) You will have the benefit of these Terms.
3.3. If You are both the Plan Purchaser and Plan Holder You have the rights and benefits to the Terms, which will pass to Your Representative(s) upon Your death.
3.4. At the time of the Application the Plan Holder must be more than 18 years old and no older than 80 years old (a one-off payment would be acceptable if the Plan Holder is over 80 years old or if You wish to take out a Plan over the age of 80 years old the maximum term is limited to 5 years for the Plan to be paid up).
3.5. A Plan may be taken out by a Plan Purchaser at the time of death of a Plan Holder (if there are no funeral arrangements in place) which must be paid for by way of a one-off payment and to which no age limit shall apply.
4. WHAT THE PLAN COVERS
4.1. The Plan is designed to cover the main costs of Your funeral and includes:
- Funeral Director’s Fees and Services: these cover the services provided by the Funeral Director only and are specifically set out in the Plan Documents
- Disbursements: these are separate from and in addition to the Funeral Director’s Fees and Services and are Fees paid on Your behalf to include fees payable to the doctor or coroner for the issue of a death or cremation, medical certificates or coroners’ certificates, cremation or burial fees and the fees for the minister or celebrant to perform the services at the cremation, cemetery or graveside. For the avoidance of doubt, the Plan does not cover the cost of the service at the crematorium or cemetery.
You are specifically referred to the Plan Documents as to the level of cover You have chosen to take out.
4.2. Funeral Director’s Fees and Services are guaranteed to be paid under Your Plan, providing that the funeral is carried out by a Funeral Director appointed/selected by Capital Life (all Funeral Directors appointed by Capital Life shall be reputable Funeral Directors). If requested, Capital Life will use all reasonable efforts to appoint Your preferred Funeral Director but that cannot be guaranteed. Should You wish to use a particular Funeral Director which is not the Funeral Director selected by Capital Life, such Funeral Director may be used (subject to the Funeral Director being appointed through Capital Life) but there may be an additional cost to You if the charges of Your chosen Funeral Director are more than the charges of the Funeral Director selected by Capital Life.
4.3. Disbursements shall be covered to the current level of such charges at the Plan Start Date (these are currently set by the British Medical Association and in accordance with fees recommended by the Church of England Stipend Authority or any replacement organisation or authority from time to time) and will (as required) cover any inflationary increase in the Disbursements at whichever is the lower of the rate of the Retail Price Index (“RPI”) or Consumer Price Index (“CPI”) as at 1 July each year and which shall be applied to the Disbursements as from the 1 July following the date upon which the Plan is paid for in full or the third anniversary of the Plan Start Date, whichever is the later or if You have taken out the Payment Plus Option 60 months as from the Plan Start Date . An allowance of £1,000 (subject to change) is included within the price paid for the Traditional, Royal, Imperial, Majestic plans only but there may be an additional charge to pay if the actual Disbursements at death are more than the allowance (plus the lower of the annual uplift for RPI or CPI) which should unless otherwise advised by Capital Life be paid to the Funeral Director.
4.4. Your Plan will include any Additional Services and/or Extras You have chosen. The payment for such Additional Services and/or Extras You have selected is treated as an allowance (rather than a fixed sum) and will increase (as from the date payment has been made in full for the Additional Services and/or Extras in line with the lower of the RPI or CPI each year as from 1 July and which shall be applied to the Additional Services and/or Extras as from 1 July following the date upon which Additional Services and/or Extras have been paid for in full or the third anniversary of the Plan Start Date, whichever is the later. If such payment is not sufficient to cover the Additional Services and/or Extras there may be additional costs to pay by You or Your Representative(s).
4.5. If You have made any Special Requests these shall be notified to the Funeral Director at the time of death but cannot be guaranteed and there may be additional costs associated with such requests which may not be covered entirely by any Discretionary Payment made.
4.6. The Plan covers burial only in the United Kingdom. If You should move abroad or die abroad and You require to be buried outside of the United Kingdom, Capital Life will make such contribution to the funeral of an amount equal to the cost to Capital Life for a funeral in the UK under Your Plan (subject to this having been paid in full prior to death). Any additional costs will be payable by the Plan Purchaser or Your Representative.
4.7. You may upgrade a Plan at any time (at the discretion of Capital Life) or add Additional Services. A Plan cannot be downgraded.
4.8. The Plan may be transferred to a different Plan Holder subject to the Plan Purchaser retaining responsibility for payment of the Plan until it is paid in full. No Plan may be transferred after the death of the Plan Holder.
4.9. The Plan cannot be exchanged at any time for a cash payment but can be cancelled in accordance with section 9.
5. WHAT THE PLAN DOES NOT COVER
5.1. The Plan covers everything which is set out in the Plan Documents, subject to these Terms. If You or Your Representative(s) are unclear as to what cover You have purchased please contact Us (see section 2).
5.2. For the avoidance of doubt You should note that:-
- 5.2.1. The Ceremonial Plan does not cover any Disbursements.
- 5.2.2. The Simple Plan cannot be added to, there is no specified allowance for Disbursements included within the Plan and there is no choice of crematorium.
5.3. By way of example only the Plan (without any Additional Services, some of which You may have selected) does not cover the cost of a memorial, burial plot, headstone, choir, organist, wake. (Please note these are only examples and are not an exhaustive list.)
5.4. If You require Services which are not included within the Plan these can be added to the Plan as Additional Services when the Application is completed or at any time during the Term of the Plan at the cost applicable at that time.
5.5. The Plan does not cover any repatriation to the UK. This may be covered as an Additional Service.
6. PLAN DOCUMENTS AND CHANGES
6.1. The Plan Documents shall be sent to You within 14 working days of the Plan Start Date. These Plan Documents are important and should be kept safe at all times and Your Representative(s) notified as to where these are held or otherwise a copy provided to them.
6.2. You are required to advise Capital Life of any change of home address so we can update our records. In the event that You do not do so and You should die at a different home address to that provided to Us, this may incur You in additional costs.
6.3. In the event You lose the Plan Certificate or wish to make any changes to the Plan please contact Us and We will provide a replacement Certificate and/or make such changes as you may request subject to the Plan (where possible), but reserve the right to make an administrative charge of a minimum £10.
7. PAYMENT METHOD
7.1. Payment for the Plan (and any Additional Services) may be made eitherby way of a one-off payment or by instalments or under the Payment Plus Option.
7.2. If made by instalments the following conditions shall apply:
- 7.2.1. If the Plan Holder dies prior to all instalments being paid the balance of the Plan Price (together with any Funeral Director’s costs which may already have been incurred) must be paid by the Plan Purchaser (if not the Plan Holder) or by the Representative(s) before the Funeral Director is instructed.
- 7.2.2. If the Plan Holder dies prior to payment of 12 consecutive monthly instalments, the balance is calculated by deducting the sum paid for the Plan at the date of death from the net price of the Plan (excluding any Supplemental Charges) at the date the Plan was purchased.
- 7.2.3. If the Plan Holder dies after payment of 12 consecutive months’ instalments the balance is calculated by:
- (a) working out the Supplemental Charges payable as from the Plan Start Date to the date 12 months after the date of death; which is added to
- (b) the net price of the Plan (the cost of the Plan less Supplemental Charges and any deposit paid); which is deducted from
- (c) the total paid towards the Plan at the date of death;
and the difference between (a) + (b) – (c) is the balance due to be paid.
- 7.2.4. If instalments are paid over more than 12 months, Capital Life shall apply a flat 5.9% Supplemental Charge for each year of the Plan calculated on the Plan Price and charged each month as part of the instalment payment.
- 7.2.5. All instalments shall be paid by standing order, direct debit credit card or cheque or such other payment method agreed with You which shall be confirmed when the Application is completed and payable each month. If You are paying by direct debit or by standing order but the direct debit or standing order is not in place to meet Your first payment or a payment is not made or cannot be taken by Us under the original payment arrangements for any reason whatsoever during the term of the Plan We reserve the right to take such a payment(s) from Your credit card/debit card, details of which You provided at the time of completion of the Application or payment of any deposit or, otherwise, We shall agree with You an alternative means of payment for the purpose of You meeting Your payment obligations under the Plan.
- 7.2.6. All instalments must be paid in accordance with the payment terms agreed unless otherwise agreed in writing by Capital Life.
- 7.2.7. If You fail to pay any monthly instalment due and You do not cancel the Plan (in accordance with section 9) then after a period of one calendar month from the date of the missed instalment Capital Life reserve the right on giving You not less than 14 days’ notice to cancel the Plan if payment is not received during this period together with any further instalment that has fallen due t and shall make such deductions from any monies to be returned to You in accordance with section 9.
- 7.2.8. If You fail to pay an instalment within one calendar month of the due date for payment but You do not cancel the Plan (under section 9) and continue to make instalment payments thereafter the price guarantee of the Plan will lapse and Capital Life reserve the right to calculate any balance due on death (as set out in this section 7) adopting the full price of the Plan at the date of death (and not at the date of purchase).
Payment Plus Option
7.3 If you elect to pay for the Plan under the Payment Plus Option the following conditions shall apply:
- 7.3.1 If the Plan Holder dies prior to the payment of 18 consecutive monthly instalments as from the Plan Start Date, the Plan Purchaser shall be required to pay the balance of the Plan Price plus the Supplemental Charge. The price is calculated by:
- (a) the price You could purchase that same Plan for at the date of death which is added to
- (b) payment of the Supplemental Charge at a flat rate of 5.9% per annum calculated over 18 months on the price of the Plan at the date of death which is deducted from
- (c) the total paid towards the Plan at the date of deat
and the difference between (a) + (b) – (c) is the balance due to be paid for the Plan.
- 7.3.2 If the Plan Holder dies after the payment of 18 consecutive monthly instalments as from the Start Date no further instalments shall be payable following the date of death and Capital Life shall provide the funeral services under the Plan paid for by the Plan Purchaser at no further cost together with any Special Requests which shall be provided in accordance with section 4.5.
- 7.3.3 The Plan Purchaser shall continue to pay the monthly instalments under the Plan until the date of death of the Plan Holder or until the Plan Holder reaches the age of 90 whichever is the earlier.
- 7.3.4 All instalments shall be paid by direct debit. You shall be confirmed when the Application is completed and payable each month. If the direct debit is not in place to meet Your first payment or a payment is not made or cannot be taken by Us under the original payment arrangements for any reason whatsoever during the term of the Plan We reserve the right to take such a payment(s) from Your credit card/debit card, details of which You provided at the time of completion of the Application.
- 7.3.5 If you fail to make any monthly instalment due, after a period of one calendar month from the due date of the missed payment Capital Life reserve the right on giving You not less than 14 days’ notice to cancel the Plan if payment is not received during this period together with any further instalment that has fallen due. In such circumstances there shall be no Cancellation Charge but you shall not be entitled to any refund of any monies You have paid up to the date of cancellation of the Plan
7.4. At this time the Plan does not include VAT, which is not charged on funerals in the UK (there may be some Additional Services which are provided which attract VAT). If at the time of the Plan Holder’s funeral VAT is payable on the funeral service or any part of it then any increased costs associated with the requirement to pay VAT will be payable by the Plan Purchaser or the Representative(s) to the Funeral Director. If the Plan Purchaser is paying for the Plan under the Payment Plus Option Capital Life VAT will only be chargeable if chargeable at the Plan Start Date or by the Plan Purchaser or the Representative(s) at the date of death to the Funeral Director where the balance of the Plan is payable under section 7.3.1.
7.5 In the event of late payment Capital Life will charge an administration fee of £25 on each occasion when the payment is paid more than 28 days after the due date for payment.
8. GENERAL PROCEDURES ON THE DEATH OF PLAN HOLDER
8.1. When the Plan Holder dies Capital Life should, in accordance with the guidance included with the Plan Documents, be informed of the death as soon as practicably possible and the Funeral Director will be notified. All communication should thereafter be between the Funeral Director and the Plan Holder’s family.
8.2. Collection of the deceased by the Funeral Director shall be arranged as soon as practicably possible depending upon where the Plan Holder has died (whether at home, in a nursing home or elsewhere) and whether it is a weekday, weekend or bank holiday or upon any other intervening circumstances (for example, the requirement for a coroner’s report).
8.3. If at the date of death the Plan Holder is outside of the UK and the costs of repatriation are not included within the Additional Services which have been selected the Plan Purchaser and/or Representative(s) will be responsible for any cost of repatriation which should be paid directly to the Funeral Director or the repatriating company in accordance with their terms.
8.4. If the Plan Holder dies more than 50 miles from the home address provided to Capital Life there will be an additional charge of £1.80 per mile for the collection of the deceased.
9.1. You shall in all circumstances be entitled to cancel the Plan within 21 days of entering into this Agreement.
9.2. Any cancellation of the Plan must be in writing by way of letter sent by recorded post to the postal address as set out in section 2. The notice of cancellation shall be accepted when received by Us. We shall confirm receipt of any cancellation within 14 days of receipt of the notice.
9.3. If You do not cancel the Plan within the first 21 days in accordance with sections 9.1 and 9.2 Capital Life shall deem that You are happy to proceed with the Plan and the Agreement shall be treated as having started as from the Plan Start Date.
9..4 Cancellation if payment by installments (under section 7.2)
- 9.4.1 If You should terminate the Plan at any time after 21 days but within 12 months as from the Plan Start Date (in the same way as provided for in section 9.2) Capital Life shall refund to You such payments You have made at the date of cancellation after the deduction of any Supplemental Charges you have paid (if applicable) and the Cancellation Charge. You shall be refunded any balance due within 28 days of Capital Life confirming receipt of Your cancellation in accordance with section 9.2 or You shall be obliged to pay any balance due if the amount paid is insufficient at the date of cancellation to cover the Cancellation Charge.
- 9.4.2. If You terminate the Plan more than 12 months after the Plan Start Date Capital Life shall not be required to refund any monies to you. For the avoidance of doubt, You shall be obligated to pay any balance due if the amount paid is insufficient at the date of cancellation and/or termination to cover the Cancellation Charge in accordance with Clause 9.4.
- 9..4.3. The following conditions shall apply to the ability of You or Your Representative(s) to cancel the Plan
- (a)no refunds of any monies paid for the Plan will be given after the death of the Plan Holder;
- (b). no refunds to be given if the Plan Price has been paid in full;
- (c) only You or one of Your Representative(s) may cancel the Plan;
- (d). all payments due or outstanding under the Plan must have been paid prior to the date of cancellation of the Plan;
- (e) no refund will be given if the total amount paid for the Plan (less the Supplemental Charges retained at the date of cancellation) is less than the Cancellation Charge;
- (f) if the Plan is purchased with the use of any form of Voucher (including any benefit/incentive) (“Voucher”) an amount equal to such Voucher will be deducted from the amount refunded.
- Cancellation if payment under the Payment Plus Option (under section 7.3)
- 9.5 If You should terminate the Plan at any time after 21 days but before the date of death or the age of 90 whichever is the earlier you shall not be entitled to a refund of any monies You have paid for the Plan.
10. PROTECTION OF FUNDS
10.1. All monies received by Capital Life (excluding the Supplemental Charge) are a pre-payment towards the costs of the Plan under these Terms and neither You nor the Representative(s) are entitled to any interest on or any income from any part of the monies paid to Capital Life relating in any way to the Plan and any right of refund under section 9 is in accordance with these Terms.
10.2. The amount that You pay for the Plan less such amounts retained by Capital Life in accordance with clause 10.3 will for the duration of the Plan Holder’s lifetime either be held and invested securely in the Capital Life Independent Protection Trust (“the Trust”) or used to acquire a contract for whole life insurance (“Whole Life Contract”) for You in accordance with the relevant legislation currently set out in the Financial Services and Markets Act 2000 Regulated Activity Order 2001. Such decision as to how the monies are dealt with shall be at the discretion of Capital Life.
10.3. Capital Life shall retain an amount from the amount paid by the Plan Holder to cover Capital Life’s reasonable administrative overheads and expenses including marketing and other related costs and expenses of running the business for each Plan. In addition the Trust is authorised from time to time to make such further payments to Capital Life towards the overheads and expenses of Capital Life subject to professional advice that the Trust retains sufficient funds to meet its obligations to the Plan Holder.
11. CAPITAL LIFE’S LIABILITY
11.1. Capital Life shall have no further obligations to You or to the Representative(s) whether financial or otherwise save as otherwise set out in these Terms. Capital Life excludes all liability for damages and losses, including consequential losses, to the fullest extent permitted by law in the event of any claim by the Plan Holder and/or the Representative(s).
11.2. Under this Agreement the liability of Capital Life shall not in any circumstances exceed such amounts (excluding the Supplemental Charge) which have been paid by You for the Plan.
11.3. Capital Life shall not be liable for any acts or omissions of any Funeral Director appointed to undertake the funeral save where any claim arises directly out of any negligent act or omission on the part of Capital Life.
12.1. If You should have any complaint about the way Your Plan has been dealt with or administered the complaint should be made in writing to the address as set out in section 2.
12.2. Your complaint will be acknowledged within 7 days and Capital Life will make all reasonable efforts to respond to Your complaint within 30 days and resolve the complaint to Your satisfaction.
13.1. Capital Life reserves the right to amend these Terms from time to time and will give written notice to You of any material amendments which have been made.
13.2. Capital Life shall ensure all personal data or sensitive personal data retained by Capital Life relating to the Plan Holder and/or Plan Purchaser shall be dealt with in accordance with Data Protection legislation (as amended from time to time).
13.3. You give your consent to Us contacting your next of kin or power of attorney (as named on the Application) if We are unable to contact you or take any instructions from You only in connection with dealing with the Plan.
13.4. Capital Life may at any time assign the Agreement to another funeral plan provider, funeral director or third party with appropriate experience in dealing with funeral plans and arrangements.
13.5. This Agreement is to be interpreted in accordance with the laws of England and Wales and any dispute not resolved under Capital Life’s complaints procedure and/or by an attempt on the parties to resolve any dispute by way of mediation shall be dealt with by the courts in England and Wales.
We highly recommend that You should make Your Representative(s) and any members of Your family aware that You have purchased a funeral Plan with Capital Life.