Terms & Conditions

1. Definitions

• "Whitholm" / "we" / "us" refers to Whitholm Legal Services.
• "Client" / "you" refers to any person using our website or engaging our services.
• "Services" refers to estate planning, will drafting, probate administration, and trust advisory services.
• "Engagement Letter" refers to the written agreement confirming scope and fees for a specific instruction.
• "Content" refers to all text, documents, and materials published on this website.

2. Acceptance of Terms

By accessing this website or submitting an enquiry, you confirm that you are at least 18 years of age, have the legal capacity to enter into an agreement, and accept these Terms in full. If you do not agree to these Terms, please do not use this website or engage our services.

3. Website Use

This website is provided for informational purposes. Nothing on this website constitutes legal advice. Viewing or reading content on this site does not create a solicitor-client relationship. A solicitor-client relationship is only established upon execution of a formal Engagement Letter with Whitholm.

• You may use this website for personal, non-commercial purposes only.
• You may not reproduce, modify, or distribute our website content without written permission.
• You must not use this site in any manner that is unlawful or harmful.

4. Legal Services — Scope and Engagement

All legal services are provided under a written Engagement Letter which defines the scope of work, applicable fees, and estimated timeline. We do not commence work until an Engagement Letter has been signed by both parties.

• Services are limited to the scope described in the Engagement Letter.
• Variations in scope will be discussed and agreed in writing before additional work is undertaken.
• We reserve the right to decline an instruction without providing reasons.

5. Fees and Payment

Our fees are as stated in the Engagement Letter. Unless otherwise agreed:

• Fees are stated in Malaysian Ringgit (MYR) and are exclusive of court filing fees, stamp duty, or disbursements, which are billed separately at cost.
• Payment is due within 14 days of invoice.
• Whitholm accepts bank transfer and online payment methods as stated on the invoice.
• Late payments may attract a simple interest charge of 1.5% per month on the outstanding amount.

6. Refund Policy

Fees paid for services already rendered are generally non-refundable. If you wish to terminate an instruction before completion, we will provide a written account of work completed and any fees owing or refundable in accordance with the Engagement Letter terms and our professional obligations under the Legal Profession Act 1976.

7. Client Responsibilities

To enable us to provide accurate and timely services, you agree to:

• Provide complete, accurate, and up-to-date information as requested.
• Respond to our communications within a reasonable timeframe.
• Inform us promptly of any changes to your circumstances relevant to the matter.
• Not use our services for any unlawful purpose.

8. Intellectual Property

All content on this website — including text, structure, and design — is the intellectual property of Whitholm Legal Services and is protected under Malaysian copyright law. Documents we prepare for you as part of an engagement are provided for your personal use only and may not be resold or distributed without our consent.

9. Confidentiality and Professional Privilege

All communications between you and our solicitors are protected by legal professional privilege. We will not disclose your information to any third party except as required by law or as necessary to carry out the services you have engaged us to provide.

10. Disclaimers

While we take care to ensure the accuracy of information on this website, it is provided for general information only and may not reflect the most current legal developments. Whitholm makes no representation as to the completeness or accuracy of any website content and accepts no liability for reliance on it without prior legal advice.

11. Limitation of Liability

To the fullest extent permitted by Malaysian law, Whitholm's liability in connection with any matter shall be limited to the fees paid by the client for the specific instruction giving rise to the claim. We shall not be liable for indirect, consequential, or special losses arising from reliance on website content. This limitation does not exclude liability for personal injury or fraud.

12. Termination

Either party may terminate an engagement in writing with reasonable notice. Whitholm may terminate immediately if the client provides false information, acts contrary to our professional obligations, or fails to pay outstanding fees. On termination, the client remains liable for fees in respect of work already carried out.

13. Dispute Resolution

We encourage any concerns to be raised with us directly in the first instance. If a dispute cannot be resolved informally, it shall be referred to mediation before any court proceedings are commenced. These Terms are governed by the laws of Malaysia and any unresolved disputes shall be subject to the exclusive jurisdiction of the courts of Kuala Lumpur.

14. General

• Entire Agreement: These Terms, together with the Engagement Letter, constitute the full agreement between the parties.
• Severability: If any provision is found unenforceable, the remainder continues in full effect.
• Waiver: Failure to enforce any provision does not constitute a waiver of that right.
• Assignment: You may not assign your rights under these Terms without our written consent.

15. Changes to These Terms

We may update these Terms from time to time. The revised version will be posted on this page with an updated effective date. Continued use of this website after changes are posted constitutes acceptance of the updated Terms.

16. Contact

For questions regarding these Terms, please contact:
Whitholm Legal Services
19 Jalan Bangsar, 59200 Kuala Lumpur, Malaysia
[email protected]