Distinct Cremations Prepaid Funeral Plan Terms and Conditions

Provided by Distinct Funeral Plans

The Distinct Cremations Prepaid Funeral Plan (the ‘Plan’) provides the services set out in the Plan so long as you make all of the payments in accordance with the detail set out in your Plan schedule.

If you have purchased a plan over 5 or 10 years, you will find the specific terms and conditions that apply to this type of plan in italics.

Definitions

In these terms:

“Agreement” means the written agreement between us made up of the Application (electronic, paper or voice recorded), the Funeral Plan Schedule, Key Features Summary and these Terms and Conditions;

“Application” means the Application form you have completed and either returned by post, submitted online via a website or portal or completed over the telephone;

“Covered Individual” means the person named in the Funeral Plan Schedule whose funeral is covered by this Plan;

“Funeral Personnel” means the relevant personnel we appoint to carry out your chosen funeral, the details of which are set out in the Funeral Plan Schedule;

“Funeral Plan Schedule” means the schedule setting out all the details of your Plan, which we will send to you once we have received your Application for the Plan;

“Instalment Payments” means the payment you make for any plan taken out over a period of up to 12 months, 5 or 10 years;

“Key Features Summary” means the document summarising the key features and benefits and exclusions and limitations of the Funeral Plan to allow you to assess whether it meets your requirements;

“Personal Representative” means your Personal Representative(s) after your death, as defined by the Administration of Estates Act 1925; or who you nominate as the person likely to be your Personal Representative, who will be notified of this Plan unless you instruct us otherwise;

“Plan” means the Distinct Cremations Prepaid Funeral Plan you have chosen, to which the Application relates, and which provides the funeral services set out in the “Unattended Cremation Plan” or “Intimate Cremation Plan” as governed by the Agreement (and the arrangements covered by each plan shall be as detailed in the latest version of the relevant plan description document in circulation as at the date of the Agreement);

“Plan Guarantee” has the meaning given to it in the “What the Plan Covers” section of these Terms and Conditions;

“Purchaser” means the person who buys the plan, whether or not they are also the Covered Individual;

“Trust” means the Distinct Funeral Plans Trust;

“we” or “us” or “our” refer to Distinct Funeral Plans Limited and our details are set out in the “How to Contact Us” section of these terms and conditions; and

“you” or “your” means the person applying for the Plan.

Do you qualify for this Plan?

Unless you are otherwise advised in writing by Distinct, the Plan is available to Planholders who are aged 18 or over at the date of Application. The funeral provided by the Plan must be conducted in mainland Great Britain. The Plan does not cover the costs of repatriation.

If you are paying for your plan by monthly instalments over 5 or 10 years you must be a UK resident and aged between 50-74, at the time the Plan is taken out.

Your Plan

Payment

As the Purchaser of the Plan, the rights and benefits set out in the Agreement accrue to you and you are responsible for making payments to us in accordance with the Agreement.

If you have named a different person as the Covered Individual on the Application, the rights and benefits set out in the Agreement will nevertheless accrue to you and not to the Covered Individual.

What the Plan covers

Subject to these Terms and Conditions, and as set out below, details of the services provided under the Plan are set out in the Funeral Plan Schedule.

Once you have fully paid the amounts set out in the Plan, we will cover these goods and services at no further charge to the Personal Representative. This is known as the “Plan Guarantee” which applies to the services set out in the ‘ What the Plan Covers’ section.

For plans payable over 5 and 10 years, if you die after 12 months of the Plan start date, then there will be no further charge to your Personal Representative.

Funeral Personnel

The Plan covers the services of our Funeral Personnel to provide the goods and services described in the Agreement after receipt by us of the Application. We will appoint the Funeral Personnel to carry out the chosen funeral. If any of the goods or services, which are to be directly provided by the Funeral Personnel, are not available at the time of the funeral we will provide an alternative of at least equal quality and value at no further charge.

If the Personal Representative does not agree to the alternative arrangements and your plan has been paid in one single payment or over a period of up to 12 months, we may cancel the Plan and refund to the Planholder’s estate any monies due.

For plans payable over 5 and 10 years, we will cancel the plan and you will lose the benefit.

Change of Address

The Plan provides for your cremation to be carried out by our Funeral Personnel. You must notify us at the address shown at the end of this document of any permanent change of address.

Cremation Services

The price you have paid for the Plan will cover the cremation fee charged by the crematorium. This will be a crematorium owned and selected by us in accordance to the resting place of the deceased.

What does the Plan not cover?

The Plan includes the services described in the Funeral Plan Schedule, which forms part of the Agreement. Please be aware that the Plan does not include embalming, visits to a funeral director, viewing of the deceased, a procession with a hearse and limousines, or a minister or celebrant. Floral tributes, newspaper obituaries, service stationery and memorials are not covered by the Plan, if these are required these must be organised by the Personal Representative, which we can assist with, and paid for separately at the time of the funeral.

Extra charges

Save in respect of any service specified as paid for in the Agreement we may charge reasonable extra amounts for any adjustments to prices that reflect the additional cost to us of any change in regulations, tax, laws or generally accepted practice, and affect the conduct of the funeral.

Repatriation and Transport

The Plan does not cover the costs of repatriation from outside mainland Great Britain.

Care of your money

If you pay for your plan in one single payment or by instalments of up to 12 months, these payments are passed to the Trust to be held in accordance with the applicable trust deed. Payments are made out of the Trust to us for funerals when they are performed, and for the cost of offering, selling and administering the Plans, and for refunds to Plan purchasers.

If you purchase a 5 or 10 year instalment plan, we will purchase a whole of life insurance policy from Scottish Friendly where we are the beneficiary. Scottish Friendly Assurance Society Limited are authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and Prudential Regulation Authority (FRN 110002).

This will be used to pay for your Distinct Cremation when the time comes.

If you have chosen instalment payments of up to 12 months

If you choose to pay for the Distinct Cremations Funeral Plan by instalments of up to 12 months the following rules will apply:

When will my monthly instalments be collected?

We will collect the monthly instalment by direct debit from your chosen account on the 1st of each month. If the 1st falls on either a weekend or a bank holiday, we will collect the instalment on the next working day.

If the Planholder dies before all of the instalment payments for the Plan have been paid

We will provide the service in accordance with the Agreement. However, the Personal Representative will be responsible for paying the outstanding instalments due. The outstanding instalments must be paid for in full before the funeral takes place.

If you fail to pay all of your instalment payments

If any instalment is not paid within 60 days of its due date, the Plan Guarantee in the Plan will lapse. However, provided that the Plan has not been cancelled, the Personal Representative may request, and we may agree, to arrange for the funeral to be carried out. The cost of the funeral will then be charged at the current market rate.

For these purposes the value of the payments made will be increased annually in line with inflation, from the date on which the Plan Guarantee has lapsed to the date of the funeral. The Personal Representative will be liable to pay the difference between the amounts paid (subject to inflation) and any outstanding amount to us.

If any instalment is not paid within 60 days of its due date and the Plan has not been cancelled, you may reinstate the Plan by restarting payment. However, the total amount payable for the Plan will be increased to the then current price of the Plan you have chosen. We will take account of payments already received, increased by inflation from the date the Plan lapsed, and we will adjust future instalments accordingly.

If you have chosen the 5 or 10 year monthly instalment option

Monthly instalments

If you have chosen to pay for your plan by instalments over 5 or 10 years, monthly payments will be taken by Direct Debit from your bank account. The exact monthly amount will depend on your age at the time you take out your Plan.

We will confirm the monthly instalment amount before you purchase your plan. We guarantee that these instalments will not increase.

If the Planholder dies within 12 months of the start date of the Plan

If you die within 12 months (the moratorium period) of the start date of your plan we will receive no payment from Scottish Friendly. Your personal representatives can ask for a full refund of instalments already paid or they can pay the difference between the amount already paid and the lump sum plan price at the time you took out your plan to receive the benefits of the plan, unless your death is a result of an accident in which case we will receive the full sum assured and deliver your Distinct cremation.

Accidental death is defined as; Death which occurs within 90 days of an accident. By which we mean an event caused by violent, external bodily injury which could not be predicted and was not intentional. This excludes self-inflicted injury, such as suicide, or activities where there is an inherent risk of injury (such as war, involvement in criminal acts, extreme sports, drug use, or injury while intoxicated) and death by natural causes, an illness or disease.

If the Planholder dies after 12 months of the start date of the Plan

If you die after 12 months of the start date of your plan and your instalments are up to date, there will be nothing further to pay by your Personal Representative or estate for your Distinct cremation, that is our Distinct guarantee.

Missed monthly instalments

If you miss a monthly instalment and it remains unpaid for more than two consecutive months, your plan will be cancelled. It is important that you contact us immediately if you are having difficulty paying your instalments. If your Plan is cancelled, you will not be able to restart your Plan.

Surrender Value

The plan has no surrender value, its benefits are payable only on death of the Planholder.

When will my monthly instalments be collected?

We will collect the monthly instalment by direct debit from your chosen bank account on the 1st of each month. If the 1st falls on either a weekend or a bank holiday we will collect the instalment on the next working day.

Can my Distinct Cremations plan be used to buy a funeral from a different provider?

No. The plan is designed to provide a Distinct cremation. It has no cash in or transfer value.

Cancellation

You have 30 days from the date you receive the Agreement to decide that the arrangements you have made meet your requirements and that you do not wish to cancel the Plan. If you do decide to cancel the Plan, you must:

  • notify us by completing and returning the cancellation form entitled “Notice of the Right to Cancel” which will be included with the documents that make up your Agreement or
  • otherwise notify us in writing, by telephone or by email;

Distinct Funeral Plans Limited, Oak Tree Court, Brookfield Drive, Cannock, Staffordshire WS11 0JN 0808 296 7221 client.care@distinctcremations.co.uk

Any notification of cancellation should specify all of the following details: (i) the Plan number; (ii) the full name and address of the Covered Individual (iii) the Covered Individual’s date of birth; and (iv) a telephone number and/or email address for contact purposes should there be any issue with the cancellation. There will be additional security questions where the Plan is cancelled by telephone or by e-mail.

Plans paid in one single payment or instalment payments of up to 12 months

For plans taken out up until 31st December 2022, if you decide to cancel, we will refund all the money you have paid. We will do this within 14 days of us receiving notification of cancellation. In the event that the Plan is not used and cancellation is requested after the death of the Covered Individual we may require additional information from the person cancelling the Plan before we can complete the cancellation.

Any refund due will be made to the person who originally paid for the Plan or to the Planholder’s estate.

We may cancel the Plan by giving notice to you if:

  • an instalment remains unpaid more than 60 days after it is due;
  • a funeral director is appointed independently by you who is not part of our approved network;
  • the funeral is to be conducted outside mainland Great Britain; or
  • the funeral cannot be performed because of circumstances outside our control (for example war, terrorism, riot or the occurrence of a pandemic or epidemic).

If we cancel the Plan, we will refund any money you have paid and we will have no further obligations to provide the services set out in the Plan.

We may make any changes we deem reasonably necessary to the services that are provided under the Plan (including reducing or removing any part of the services or making any other alteration in the type of services provided), as a result of circumstances arising which are outside our control or outside the control of the Funeral Personnel (for example war, terrorism, riot or the occurrence of a pandemic or epidemic). To the extent that we make any such changes so that the services provided under the Plan are of reduced quality or capacity to the original services that would have been provided, we may (at our discretion) adjust the price of the Plan by an equitable amount, and in such case, we will refund any such amount that you have already paid. Any refund will be made to the person who originally paid for the Plan or to the Planholder’s estate.

If the Personal Representative does not agree to the alternative arrangements, we may cancel the Plan and refund to the Planholder’s estate any monies paid to date.

The Plan is designed to cover funeral costs and is not an investment product, and we will not pay interest on money refunded.

5 or 10 year monthly instalment option

If you cancel a plan taken out over 5 or 10 years and cancel after the moratorium period, your instalments will stop. You will not be entitled to any refund of the money you have already paid.

Value Added Tax (“VAT”)

VAT is not currently charged on a funeral service. However, if VAT or any other form of tax becomes chargeable on a funeral service or part of it in the future, you or your Personal Representative must pay the VAT or additional tax at the time of the funeral.

The Agreement

Once we have confirmed your Application for the Plan, the following documents all make up the Agreement:

  • your Application
  • the Funeral Plan Schedule
  • the Key Features Summary
  • these Terms and Conditions

Please keep these documents in a safe place for the attention of the Personal Representative. You are advised to discuss your funeral arrangements with the person who will be the Personal Representative. These documents together make up the Agreement concerning the Covered Individual’s funeral arrangements. Anything which is not documented in writing in the Agreement will not be effective.

If there is any ambiguity between the documents, the terms set out in these Terms and Conditions take precedence over the others. English law shall apply to this Agreement. If anything in this Agreement is invalid or unenforceable, then this Agreement will be interpreted as if that part were modified or deleted to make it valid and enforceable, and the rest shall remain in force.

If we fail to exercise or delay in enforcing our rights (such as our right to cancel the Plan in the event of unpaid instalments), such failure or delay will not restrict our rights to do so, and a waiver of any such rights or of any breach of any term will not be deemed to be a waiver of any other right or any later breach.

You may propose a change to the Plan, but no change will take effect unless it is agreed in writing by us. If you wish to change the type of plan then this will take effect through a new Agreement for a new plan. Please use the contact details set out in the “How to Contact Us” section in these circumstances.

The Agreement is personal to you and may not be assigned (transferred) or made the subject of any trust, mortgage or charge given as security for any obligation to any third party. Only you or the Personal Representative is entitled to claim the rights or benefits set out in the Agreement. The Funeral Personnel may also claim the rights or benefits set out in the Agreement. Otherwise, no other person (including the Planholder) has any right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement. This does not affect any other rights these people may have. These Terms and Conditions apply to all Plans entered into from 18/04/2022.

How to Contact Us

If you have any questions regarding the Plan, our contact details are:

Distinct Funeral Plans Limited, Oak Tree Court, Brookfield Drive, Cannock, Staffordshire WS11 0JN

0808 296 7221

client.care@distinctcremations.co.uk

How to make a complaint

We make every effort to excel in the service we provide. However, if you feel we have not met your expectations, please contact our Client Relations Department who will acknowledge your complaint within 2 working days and will do their utmost to ensure any complaint is dealt with as quickly and efficiently as possible.

Our Customer Relations Department can be contacted as follows:

Distinct Funeral Plans Limited, Oak Tree Court, Brookfield Drive, Cannock, Staffordshire WS11 0JN

0808 296 7221

client.care@distinctcremations.co.uk

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