Legal Documentation
Terms & Conditions
These terms set out the basis on which you may use this website and engage Bicara Waris for legal services. We ask that you read them carefully, and contact us if anything is unclear.
1. Definitions
In these Terms and Conditions, the following terms have the meanings set out below:
- "Bicara Waris" / "the firm" / "we" / "us" — refers to Bicara Waris, operating from 35, Lebuh Carnarvon, 10100 George Town, Penang, Malaysia.
- "Client" / "you" — an individual or entity who engages Bicara Waris for legal services or who uses this website.
- "Services" — the legal and advisory services described on this website, including Living Will & Advance Directive Drafting, Trust Establishment & Settlement, and Foreign Asset Inheritance Counsel.
- "Engagement Letter" — the written agreement setting out the scope of a specific matter, fees, and other terms particular to that instruction.
- "Website" — this website accessible at https://bicarawa.club.
- "Content" — all text, materials, and information published on the Website.
2. Acceptance of Terms
By accessing this Website or instructing Bicara Waris on a matter, you confirm that you have read, understood, and agree to be bound by these Terms and Conditions.
Our services are available to individuals aged 18 and above who have the legal capacity to enter a binding agreement. By engaging us, you confirm that you satisfy this requirement.
If you are acting on behalf of another person or a corporate entity, you warrant that you have the authority to bind that person or entity to these terms.
3. Description of Services
Bicara Waris provides specialist inheritance and estate planning legal services, with a particular focus on families navigating estate matters in Malaysia and across borders. Our current service areas include:
- ✦Living Will & Advance Directive Drafting — document preparation and advisory support for clients wishing to set out medical and end-of-life decisions in advance.
- ✦Trust Establishment & Settlement — drafting and structuring work for family trusts, life-interest arrangements, and charitable trusts as part of estate planning.
- ✦Foreign Asset Inheritance Counsel — advisory work for families handling inheritance of overseas property, foreign-currency accounts, and shareholdings in non-Malaysian companies.
The precise scope of services to be provided in any individual matter will be set out in an Engagement Letter issued prior to commencement of work.
4. Client Engagement
A formal client relationship commences only upon the issue and acceptance of an Engagement Letter, which will set out the agreed scope of work, the applicable fees, and the responsibilities of both parties.
Prior to that point, any communication through this website, by telephone, or by email constitutes preliminary enquiry only and does not create a solicitor-client relationship or any obligation on either party.
We reserve the right to decline to accept instructions on any matter at our professional discretion, including where a conflict of interest exists or where we do not hold the relevant expertise to act appropriately in your best interests.
You agree to provide accurate and complete information as required to carry out the instructed work, and to notify us promptly of any changes to relevant circumstances.
5. Fees & Payment
Indicative fee ranges for our services are published on this Website in Malaysian Ringgit (MYR) and are provided for general guidance only. The fee applicable to your matter will be confirmed in the Engagement Letter, which will take precedence over any indicative figures.
Fees are payable in accordance with the schedule set out in the Engagement Letter. We may request a retainer or deposit prior to commencing work.
Where disbursements are incurred in connection with your matter (such as filing fees, overseas counsel costs, or official document charges), these will be invoiced separately or itemised on your bill.
Invoices unpaid beyond 30 days of issue may attract a late payment charge as set out in the Engagement Letter. In the event of non-payment, we reserve the right to suspend or close the matter.
Our fee schedule is subject to review. Any revision will apply to new engagements only.
6. Confidentiality
We take seriously our professional obligation of confidentiality. All information you share with us in connection with a matter is treated as strictly confidential and will not be disclosed to third parties without your consent, except where:
- ✦Disclosure is required by law, court order, or a competent regulatory authority
- ✦Disclosure is necessary to carry out your instructions (for example, to correspond with overseas counsel or relevant authorities)
- ✦The information is already in the public domain through no fault of ours
Our confidentiality obligations survive the conclusion of a client engagement.
7. Intellectual Property
All content on this Website — including text, design, structure, and graphical elements — is the property of Bicara Waris or its licensors and is protected by applicable intellectual property law.
You are permitted to view and print pages from this Website for your personal, non-commercial reference. You may not reproduce, republish, distribute, or sell any content from this Website without our prior written consent.
Documents and advice prepared for you in the course of a client engagement are prepared for your personal use in connection with the relevant matter. They are not to be relied upon by third parties or used in ways beyond the scope contemplated at the time of instruction without our written agreement.
8. Use of This Website
You agree to use this Website only for lawful purposes and in a manner that does not infringe the rights of others. The following are not permitted:
- ✦Submitting false, misleading, or fraudulent information through any form on the Website
- ✦Attempting to gain unauthorised access to any part of the Website or its underlying systems
- ✦Transmitting malicious code, spam, or materials of an offensive or harmful nature
- ✦Scraping or harvesting data from the Website by automated means
We reserve the right to restrict access to this Website in the event of misuse.
9. Disclaimers
The content on this Website is provided for general informational purposes only. It does not constitute legal advice and should not be treated as a substitute for obtaining specific legal counsel tailored to your circumstances.
While we take care to keep information current and accurate, we make no representation that the content on this Website is comprehensive, up to date, or free of error. Malaysian inheritance and trust law is subject to change, and you should not act on any information from this Website without first seeking professional advice.
We do not warrant that this Website will be available at all times, free from technical interruptions, or entirely free of error. Access to the Website is provided on an "as available" basis.
10. Limitation of Liability
To the extent permitted by applicable law, Bicara Waris's liability to you in connection with any matter shall not exceed the total fees paid by you to us in connection with that specific matter.
We shall not be liable for any indirect, consequential, or incidental loss arising from your use of this Website or from any matter in which we have been instructed, including loss of income, loss of opportunity, or loss not reasonably foreseeable at the time of engagement.
Nothing in these Terms limits our liability for fraud, for death or personal injury caused by our negligence, or for any other matter where limitation is not permitted by law.
We shall not be liable for delays or failures in performance resulting from circumstances beyond our reasonable control, including acts of government, natural events, or disruption to communication systems.
11. Termination of Engagement
You may terminate your engagement with us at any time by written notice. Fees for work completed up to the date of termination will remain payable.
We may, at our professional discretion, cease to act in your matter by giving reasonable written notice, including where a conflict of interest arises, where instructions become incompatible with our professional obligations, or where invoices remain materially overdue.
Provisions of these Terms relating to confidentiality, intellectual property, limitation of liability, and governing law shall survive the conclusion of any client engagement.
12. Governing Law & Dispute Resolution
These Terms and any engagement with Bicara Waris are governed by the laws of Malaysia. The courts of Malaysia shall have jurisdiction over any dispute arising in connection with these Terms or any client engagement.
Before commencing formal proceedings, we encourage parties to seek resolution through direct discussion. If a dispute cannot be resolved amicably within 30 days of written notice, either party may refer the matter to the relevant professional body or seek relief through the courts of Penang.
In matters involving Malaysian Bar Council oversight, the applicable professional regulatory framework shall apply.
13. General Provisions
Entire Agreement: These Terms, together with any Engagement Letter issued to you, constitute the entire agreement between us in relation to the matters covered. They supersede any prior representations or correspondence.
Severability: If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions shall continue in full force.
Waiver: Our failure to enforce any provision of these Terms on a particular occasion shall not constitute a waiver of our right to enforce it on a future occasion.
Assignment: You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights where there is a change in the firm's structure, provided this does not materially affect the service to you.
14. Changes to These Terms
We may update these Terms from time to time to reflect changes in our practice, applicable law, or professional requirements. The revised Terms will be published on this Website with a new "Last Updated" date.
Changes to these Terms will apply to engagements commenced after the effective date of the revision. Engagements already underway will continue under the terms agreed at the time of instruction unless you are notified otherwise.
We recommend reviewing this page periodically if you engage with us on an ongoing basis.
15. Contact for Legal Enquiries
If you have any questions about these Terms, or wish to raise a concern about any aspect of our service, please reach out to us. We are glad to clarify anything that is unclear before you instruct us.
Legal Enquiries
[email protected]Telephone
+60 4-873 2519Address
35, Lebuh Carnarvon, 10100 George Town, Penang, Malaysia