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Terms & Conditions

These terms govern your use of the Pusaka Counsel website and, together with our engagement letter, the delivery of legal services. Please read them carefully. If you have any questions, we are glad to clarify before you proceed.

Last Updated: 14 April 2025  ·  Effective: 14 April 2025


1. Definitions

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

  • "Pusaka Counsel", "we", "us", "our" — the legal practice operating under that name, with principal offices at Suite 22-A, Menara Maxis, Jalan Ampang, 50450 Kuala Lumpur.
  • "Website" — the website at pusakacen.live and all its pages and content.
  • "User", "you", "your" — any person accessing or using the Website, or engaging Pusaka Counsel for legal services.
  • "Services" — the legal services described on this Website, including estate plan drafting, probate administration, and trust establishment.
  • "Content" — all text, materials, articles, and information published on the Website by Pusaka Counsel.
  • "Engagement Letter" — the written agreement governing the scope and terms of a specific legal matter between Pusaka Counsel and a client.

2. Acceptance of Terms

By accessing this Website or submitting an enquiry, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree, please do not use this Website.

These Terms apply to all visitors, including those who access the Website without submitting an enquiry, and to clients who engage Pusaka Counsel for legal services. For clients, these Terms are supplemented by the terms of the relevant Engagement Letter.

You must be at least 18 years of age, or the age of majority in your jurisdiction, to submit an enquiry or engage our services. By doing so, you confirm that you have the legal capacity to enter into a binding agreement.


3. Website Use

You may access the Website for lawful personal or professional purposes. You agree not to use the Website in any way that:

  • Violates any applicable Malaysian law or regulation
  • Interferes with or disrupts the operation of the Website or its hosting infrastructure
  • Attempts to gain unauthorised access to any part of the Website or its systems
  • Introduces malicious software or code of any kind
  • Is fraudulent, misleading, or harmful to Pusaka Counsel or other users

We reserve the right to restrict or terminate access to the Website at any time, without notice, where we have reason to believe these Terms have been breached.


4. Our Services

Pusaka Counsel offers legal services in the following areas, as described more fully on our website:

  • PC·001 — Comprehensive Estate Plan Drafting: End-to-end estate planning, including will drafting and trust arrangements
  • PC·002 — Probate Administration with Foreign Assets: Administration of estates involving overseas holdings and cross-border coordination
  • PC·003 — Trust Establishment for Family Continuity: Establishment of private family trusts, including deed drafting and explanation of ongoing operation

Services are available to clients in Malaysia and, where the matter involves Malaysian assets or beneficiaries, to clients outside Malaysia. We do not undertake matters outside our areas of practice, and we will advise you at the outset if a matter is outside our scope.

Information on our Website is for general guidance only. It does not constitute legal advice for any particular situation. An Engagement Letter is required before a solicitor-client relationship is formed and legal advice is provided.


5. User Responsibilities

When submitting an enquiry or engaging our services, you agree to:

  • Provide accurate and complete information about yourself and the matter
  • Update us promptly if any material information changes
  • Not misrepresent your identity or the circumstances of a matter
  • Cooperate reasonably with our requests for information or instructions during the course of a matter
  • Pay our fees as set out in the Engagement Letter

You acknowledge that the quality of legal advice depends substantially on the accuracy and completeness of the information you provide. Pusaka Counsel is not liable for advice given on the basis of incomplete or inaccurate information.


6. Intellectual Property

All Content on this Website — including text, layout, graphics, and service descriptions — is owned by or licensed to Pusaka Counsel and is protected under the Copyright Act 1987 (Malaysia) and applicable intellectual property laws.

You are granted a limited, non-exclusive, non-transferable licence to access and read the Content for your personal or professional information purposes only. You may not reproduce, distribute, modify, or create derivative works from any Content without our prior written consent.

Nothing in these Terms transfers any intellectual property rights to you.


7. Fees and Payment

Indicative fees for our services are displayed on our Website in Malaysian Ringgit (RM). The fee for your specific matter will be confirmed in writing in the Engagement Letter and may differ from the indicative range depending on the complexity and scope of the work involved.

Payment terms, invoicing arrangements, and any applicable disbursements will be set out in the Engagement Letter. Fees are due in accordance with those terms.

Where a matter is concluded or terminated before completion, fees will be charged for work done to that point, unless agreed otherwise in the Engagement Letter.


8. Confidentiality

Pusaka Counsel maintains strict confidentiality obligations in respect of all client information, consistent with the rules of professional conduct applicable to advocates and solicitors in Malaysia under the Legal Profession Act 1976 and the Legal Profession (Practice and Etiquette) Rules 1978.

Information submitted through our website contact forms is treated with discretion. It will not be shared except as described in our Privacy Policy or as required by law.


9. Disclaimers

The Content on this Website is provided for general information purposes and does not constitute legal advice. Laws change, and the Content may not reflect the most current legal developments. You should not act or refrain from acting on the basis of Content on this Website without first seeking qualified legal advice for your specific situation.

While we take care to keep the Website available and accurate, we do not warrant that the Website will be uninterrupted, error-free, or free of harmful components. The Website is provided on an "as available" basis.

We do not endorse or accept responsibility for any third-party website linked from our Website.


10. Limitation of Liability

To the extent permitted by Malaysian law, Pusaka Counsel's liability to you in connection with use of this Website (as distinct from liability in the conduct of a legal matter) is limited to direct losses arising from our proven negligence, and shall not in any event exceed RM 1,000.

We are not liable for any indirect, consequential, or economic loss arising from your use of or reliance on this Website, including loss of data, revenue, or opportunity.

Nothing in these Terms excludes or limits liability for fraud, wilful misconduct, or any liability that cannot be excluded under applicable Malaysian law, including under the Consumer Protection Act 1999.

Our liability in the conduct of a legal matter is governed by the terms of the Engagement Letter and applicable professional standards, not by these Website Terms.


11. Indemnification

You agree to indemnify and hold harmless Pusaka Counsel, its solicitors, and staff from and against any claims, losses, or expenses (including reasonable legal costs) arising from your breach of these Terms, your use of the Website in a manner not permitted by these Terms, or any false or misleading information you provide to us.


12. Termination

Either party may terminate the engagement of legal services by giving reasonable written notice, subject to the terms of the Engagement Letter. Where we terminate, we will give you sufficient notice to allow you to seek alternative representation, except where professional rules require immediate withdrawal.

Termination does not affect obligations that have accrued prior to the termination date, including fees for work already performed and any confidentiality obligations.

Clauses 8, 9, 10, 11, and 13 of these Terms survive termination.


13. Dispute Resolution

These Terms are governed by the laws of Malaysia. Any dispute arising out of or in connection with these Terms or the use of this Website shall be subject to the non-exclusive jurisdiction of the courts of Malaysia, specifically the courts in Kuala Lumpur.

Before commencing any formal proceedings, we encourage you to contact us directly at [email protected] so that we may attempt to resolve the matter informally. We take all complaints seriously and will respond within 14 days.

Disputes arising in the conduct of a legal matter are also subject to the oversight of the Bar Council Malaysia and the relevant disciplinary processes under the Legal Profession Act 1976.


14. General Provisions

  • Entire Agreement: These Terms, together with the Engagement Letter (where applicable), constitute the entire agreement between you and Pusaka Counsel in respect of Website use and the delivery of services.
  • Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions continue in full force.
  • Waiver: Our failure to enforce any provision of these Terms on a given occasion does not constitute a waiver of our right to enforce it in future.
  • Assignment: You may not assign any rights or obligations under these Terms without our prior written consent. We may assign our rights with reasonable notice where required by changes to our practice structure.
  • Notices: Formal notices should be sent in writing to our registered address or to [email protected].

15. Changes to These Terms

We may update these Terms from time to time. Material changes will be reflected in the "Last Updated" date above. Where changes are significant, we may also post a notice on the Website. Continued use of the Website following an update constitutes acceptance of the revised Terms.


16. Contact Information

Questions about these Terms may be directed to:

Pusaka Counsel

Suite 22-A, Menara Maxis, Jalan Ampang, 50450 Kuala Lumpur

+60 3-2179 8463

[email protected]