Terms & Conditions

These Terms and Conditions ("Terms") govern the use of the website located at benihwas.biz and the legal services offered by Benih Wasiat, a legal practice based at Jalan Tuanku Abdul Rahman, 88300 Kota Kinabalu, Sabah, Malaysia ("we", "us", "our"). By accessing this website or engaging our services, you agree to be bound by these Terms.

1. Definitions

• "Agreement" means these Terms together with any engagement letter or service agreement entered into with us.
• "Service" means the legal services provided by Benih Wasiat, including estate planning sessions, document drafting and execution, and representation in contested estate matters.
• "User" means any person who accesses this website or enquires about our services.
• "Client" means a person who formally engages Benih Wasiat to provide legal services.
• "Content" means all text, documents, and materials published on this website.

2. Acceptance of Terms

By using this website or submitting an enquiry form, you indicate that you have read and agree to these Terms. If you do not agree, please do not use the website or submit any enquiries through it. These Terms apply to individuals aged 18 and above who have the legal capacity to enter into agreements.

3. Nature of Services

Benih Wasiat provides legal services in the field of estate planning and inheritance law in Malaysia, with particular experience in matters arising in Sabah. Our services are available to individuals and families who wish to plan their estate, prepare legal documents, or address contested inheritance matters. Services are subject to a formal engagement letter and are delivered by solicitors holding a current Practising Certificate issued by the Malaysian Bar.

4. Enquiries and Website Use

• Submitting an enquiry form does not create a lawyer-client relationship. Such a relationship is formed only upon execution of a formal engagement letter.
• Information provided on this website is general in nature and does not constitute legal advice. You should not act on any information found here without first consulting a qualified solicitor.
• You must not use this website for any unlawful purpose or in a manner that infringes the rights of others.

5. Payment Terms

Our fees for standard services are as published on our website at the time of engagement:

• Planning Session & Written Memorandum: RM 300
• Drafting & Execution of Estate Documents: RM 780
• Representation in Contested Matters: RM 3,620 (initial engagement fee; further costs discussed in advance)

All fees are payable in Malaysian Ringgit (RM). Payment terms are set out in the engagement letter. Invoices are due on the date stated therein. Disbursements (court fees, registration costs, third-party professional fees) are billed separately and will be communicated to you before they are incurred.

Refund Policy

Fees for planning sessions and document drafting are non-refundable once work has commenced. If a client wishes to withdraw from an engagement before work begins, we will discuss the return of any unused portion of fees paid. For contested matters, the initial engagement fee covers initial assessment and advice; fees for work completed prior to any termination are not refundable.

6. Client Responsibilities

• You are responsible for providing accurate and complete information to enable us to deliver the service properly.
• You must review the written memorandum provided before document drafting commences and promptly raise any inaccuracies.
• You are responsible for informing us of any material changes to your circumstances that may affect the documents we are preparing.
• You must attend scheduled appointments or provide reasonable notice if you need to reschedule.

7. Intellectual Property

All content on this website, including text, design elements, and layout, is owned by or licensed to Benih Wasiat. You may view and print content for personal, non-commercial use only. Reproduction, distribution, or use of any content for other purposes requires our prior written consent. Documents we draft on your behalf become your property upon full payment of the relevant fees.

8. Disclaimers

• This website and its content are provided for informational purposes. We make no representations as to the accuracy or completeness of the information and do not accept liability for errors or omissions.
• Legal outcomes depend on many factors, including the specific facts of each matter and judicial interpretation. We cannot and do not make any representation as to the outcome of any legal matter.
• We are not responsible for the content of any third-party websites linked from our site.

9. Limitation of Liability

To the fullest extent permitted by Malaysian law, Benih Wasiat's liability in connection with the provision of legal services is limited to the fees paid for the specific service in question. We shall not be liable for indirect or consequential losses arising from any error or delay, unless caused by our gross negligence or wilful misconduct. Professional indemnity insurance is maintained as required by the Malaysian Bar.

10. Confidentiality

All information shared with us in the course of an engagement is protected by legal professional privilege and client confidentiality. We will not disclose client information except where required by law, with your consent, or in the proper discharge of our duties to you. This obligation continues after the conclusion of any engagement.

11. Termination

Either party may terminate an engagement by giving written notice. We may withdraw from a matter at our discretion if continuing the engagement would place us in breach of our professional obligations. Upon termination, you will be provided with your documents and a summary of work completed. Fees for work completed prior to termination are due and payable.

12. Dispute Resolution

In the event of a dispute, we encourage clients to contact us first so that the matter can be resolved through discussion. If a dispute cannot be resolved informally, it will be referred to the Malaysian Bar Disciplinary Board for mediation where appropriate, or to the courts of Sabah, Malaysia. These Terms are governed by the laws of Malaysia.

13. General Provisions

• Entire Agreement: These Terms, together with any engagement letter, constitute the entire agreement between you and Benih Wasiat in relation to the subject matter hereof.
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force.
• Waiver: Failure to enforce any provision of these Terms shall not constitute a waiver of that provision.
• Assignment: You may not assign your rights under these Terms without our prior written consent.

14. Changes to These Terms

We may update these Terms from time to time. The current version will always be available on this website. Continued use of our website or services after an update constitutes acceptance of the revised Terms.

15. Contact