Terms & Conditions

1. Definitions

• "Agreement" — these Terms and Conditions, together with any engagement letter or service agreement entered into between the parties
• "Service" or "Services" — the legal and advisory services offered by Tuah Estate, including will drafting, trust formation, and estate administration
• "Website" — the website accessible at tuahestate.pro and any associated pages
• "User" or "You" — any person browsing the Website or engaging our Services
• "Client" — a User who has entered into a formal engagement with Tuah Estate
• "We", "Us", "Our" — Tuah Estate, operating from No. 88, Jalan Hang Jebat, 75200 Melaka, Malaysia
• "Content" — all text, documents, templates, and materials appearing on this Website

2. Acceptance of Terms

By accessing this Website or engaging our Services, you confirm that:

• You are at least 18 years of age and have the legal capacity to enter into a binding agreement
• You have read, understood, and agree to be bound by these Terms
• Where you engage Services on behalf of another person (e.g., as executor or attorney), you warrant that you have the authority to do so

If you do not agree to these Terms, please do not use this Website or engage our Services.

3. Service Description

Tuah Estate provides professional legal services relating to wills, trusts, and estate administration under Malaysian law. The core services we offer are:

• Will Drafting & Registration — preparation of testamentary documents in compliance with the Wills Act 1959
• Trust Formation & Advisory — establishment of inter-vivos or testamentary trusts and related advisory services
• Probate & Estate Administration — representation and administration in Grant of Probate or Letters of Administration proceedings under the Probate and Administration Act 1959

Services are available to individuals and families ordinarily residing in Malaysia. We reserve the right to decline any engagement at our professional discretion.

4. Client Engagement

A formal engagement commences upon written confirmation (including email) from Tuah Estate acknowledging receipt of the initial consultation fee or signed engagement letter. Until such confirmation is issued, no solicitor-client relationship exists. Each engagement is governed by a separate service agreement specifying scope, fees, and timelines.

Clients are responsible for providing accurate, complete, and timely instructions. We cannot be held responsible for errors or omissions arising from incomplete or incorrect information supplied by the client.

5. User Responsibilities

When using this Website or engaging our Services, you agree to:

• Provide truthful and complete information in all communications and forms
• Not use the Website for any unlawful or improper purpose
• Refrain from transmitting harmful, offensive, or defamatory content
• Not attempt to gain unauthorised access to any part of the Website or its systems
• Maintain the confidentiality of any account credentials or documents shared with you
• Promptly inform us of any change in circumstances relevant to an active engagement

6. Intellectual Property

All content on this Website — including text, design elements, templates, and methodologies — is the intellectual property of Tuah Estate or its licensors. You are granted a limited, non-exclusive, non-transferable licence to access and view the Website content for personal, non-commercial reference only.

You may not reproduce, distribute, adapt, or publish any content from this Website without our prior written consent. Legal documents prepared for you during an engagement remain subject to professional confidentiality and may not be reproduced or shared without appropriate legal authority.

7. Fees & Payment

Service fees are denominated in Malaysian Ringgit (RM) and are set out in the engagement letter or on the Solutions page. Current indicative fees are:

• Will Drafting & Registration: RM 650
• Trust Formation & Advisory: RM 1,800
• Probate & Estate Administration: from RM 3,000 (subject to estate complexity)

Fees are payable as specified in the engagement letter, typically in stages. Payment may be made by bank transfer, cheque, or other methods agreed in writing. A non-refundable consultation fee may apply prior to formal engagement.

Refund policy: Fees paid for completed work stages are non-refundable. If an engagement is terminated before completion, fees will be charged for work performed to date at the agreed rate. Disbursements (court filing fees, registration charges, etc.) are payable in addition to professional fees and are non-refundable once incurred.

8. Service-Specific Terms

Will Drafting: The will takes effect only upon formal execution by the testator in the presence of two witnesses as required by the Wills Act 1959. We are not responsible for a will's validity if execution requirements are not followed after our instructions are provided.

Trust Formation: Our advisory services relate to the legal and structural aspects of trust establishment. Tax advice falls outside our scope unless explicitly included in the engagement letter. Independent tax advice may be recommended.

Probate & Administration: Timelines for probate proceedings are subject to court schedules and asset complexity. Estimated timelines are provided in good faith and do not constitute a contractual commitment. Additional fees may be required where the scope of administration expands beyond the original engagement.

9. Disclaimers

Information on this Website is provided for general informational purposes only and does not constitute legal advice. No solicitor-client relationship is created by your use of this Website alone.

While we strive to keep website content accurate and up to date, we make no warranty as to its completeness or currency. Legal requirements change; please confirm current requirements directly with us before taking action based on website content.

We do not promise specific outcomes from our services. Estate and succession matters are subject to judicial discretion, legislative change, and factual complexity. Our role is to provide competent professional guidance, not to guarantee particular results.

10. Limitation of Liability

To the fullest extent permitted by Malaysian law, Tuah Estate's liability for any claim arising from our Services is limited to the fees paid for the specific service giving rise to the claim. We are not liable for indirect, consequential, or incidental losses, including loss of inheritance value, business loss, or emotional distress.

Nothing in these Terms limits liability for death or personal injury arising from negligence, fraud, or any liability that cannot be lawfully excluded.

11. Indemnification

You agree to indemnify and hold Tuah Estate harmless from any claims, losses, or expenses — including reasonable legal fees — arising from your breach of these Terms, your misuse of the Website, or inaccurate information provided during an engagement.

12. Termination

Either party may terminate an engagement by providing written notice. Upon termination, fees for work completed to date are payable. We retain the right to terminate an engagement immediately if a client provides materially false information, fails to cooperate, or where continuation would breach our professional obligations.

Termination of an engagement does not affect provisions of these Terms that are intended to survive, including payment obligations, intellectual property rights, and confidentiality.

13. Dispute Resolution & Governing Law

These Terms are governed by the laws of Malaysia. Any dispute arising from or relating to these Terms or our Services shall first be referred to good-faith negotiation. If unresolved within 30 days, the dispute shall be referred to mediation under the Malaysian Mediation Centre before litigation is commenced.

The courts of Malaysia, and in particular the courts of Melaka, shall have jurisdiction over any dispute that proceeds to litigation.

14. General Provisions

• Entire Agreement: These Terms, together with any engagement letter, constitute the entire agreement between the parties regarding the subject matter herein
• Severability: If any provision is found to be unenforceable, the remaining provisions continue in full force
• Waiver: Our failure to enforce any right does not constitute a waiver of that right
• Assignment: You may not assign your rights or obligations under these Terms without our prior written consent
• Notices: Formal notices should be sent by email to [email protected] or by post to our Melaka address

15. Changes to These Terms

We may update these Terms from time to time. Revised Terms will be published on this page with an updated effective date. Where changes are material, we will endeavour to notify active clients directly. Continued use of the Website or Services after the effective date constitutes acceptance of the revised Terms.

16. Contact

For questions relating to these Terms, or to exercise any legal right, please contact:

• Email: [email protected]
• Address: No. 88, Jalan Hang Jebat, 75200 Melaka, Malaysia
• Phone: +60 6-2834 7162
• Office Hours: Monday–Friday, 9:00am–5:30pm; Saturday, 9:00am–1:00pm