By selecting ‘no’ to the ‘Execution Fee Waiver’ above, you will not be bound by the terms and conditions below.

By selecting ‘yes’ to the ‘Execution Fee Waiver’ above, you hereby unconditionally agree to be bound by the terms and conditions below, including the attached schedule (the “Execution Fee Waiver Policy”), which shall constitute a binding contract between you (“User”, “you” or “your”) and Wasiyyah Ventures Sdn Bhd [Company No. 1494140-V] (“WV”, “we“, “us” or “our“).

1. Definitions

We adopt herein all the definitions provided in our Terms and Conditions and in addition, the terms below shall mean as follows:

• “Execution Fee Waiver Policy” means the agreement between us and you, where in consideration of a fee payment to us, we shall bear the legal fees incurred in relation to the execution of the application to obtain the Grant of Probate for your WV Wasiat subject to the terms and conditions below;
• “fee payment” means the fees that you are required to pay to subscribe to the Execution Fee Waiver Policy pursuant to Schedule 1 below. These fees are non-refundable and become due immediately upon selecting “yes” to the Execution Fee Waiver Policy;
• “Grant of Probate” means the document issued by the courts of Malaysia to your executor granting him/her the exclusive right to manage and distribute your estate in accordance with your WV Wasiat;
• “panel law firm” means any one of the law firms listed on our Site, which your executor may appoint to execute the application to obtain the Grant of Probate for your WV Wasiat under the Execution Fee Waiver Policy; and
• “WV Wasiat” means the final signed and attested wasiat that you have created through your User Account by utilizing the Services provided by us on our Site.

2. Execution Fee Waiver Conditions, Operations & Fee Payment

The subscription of the Execution Fee Waiver Policy is subject always to the following terms and conditions:

• the Execution Fee Waiver Policy only applies towards us bearing the legal fees incurred to execute the application to obtain the Grant of Probate for your WV Wasiat through the appointment of any one of our panel law firms. For avoidance of doubt, the Execution Fee Waiver does not cover any ancillary costs incurred by the panel law firm in relation to court filing fees and disbursements, which shall be borne by your estate;
• the Execution Fee Waiver Policy strictly does not apply to any other law firms that do not fall under the list of our panel law firms;
• the Execution Fee Waiver Policy only applies towards our coverage of the legal fees incurred in respect of uncontested applications to obtain the Grant of Probate of your WV Wasiat. If the application to obtain the Grant of Probate becomes contested at any point of time before any Malaysian court, the Execution Fee Waiver Policy will not cover any legal costs incurred in defending the contested application;
• the Execution Fee Waiver Policy strictly does not apply towards coverage of any further proceedings, legal or otherwise, after the Grant of Probate for your WV Wasiat has been obtained, including any distribution of the estate upon the Grant of Probate;
• the Execution Fee Waiver Policy strictly does not cover any additional costs incurred in the event the executor of your WV Wasiat terminates the appointment of any of our panel law firms under the Execution Fee Waiver Policy at any time;
• the Execution Fee Waiver Policy operates on a strictly one-time use basis only and is strictly not transferable;
• the applicable fee payment in relation to the Execution Fee Waiver Policy must be paid to us in full.

3. Executor’s Duties & Next Steps

• The executor of your WV Wasiat must contact us in writing upon your demise to initiate the process of claiming the coverage provided under the Execution Fee Waiver Policy. Towards that end, your executor shall provide us with all documentary evidence requested by us to facilitate the process, including, but not limited to, the following documents:
• a certified true copy of your death certificate;
• your original WV Wasiat; and
• proof of identification by the executor, such as a copy of his/her National Registration Identity Card/Passport.
• All payments under the Execution Fee Waiver Policy shall be payable to us. It is important to note that the appointed panel law firm will only commence work once all payments in respect of the Execution Fee Waiver Policy have been paid in full.
• Upon our receipt of the requested documents above, and the full payment of all applicable fees in relation to your Execution Fee Waiver Policy, your executor will then be able to select and appoint any one of our panel law firms to represent him/her to execute the application to obtain the Grant of Probate for your WV Wasiat by signing the appointed panel law firm’s warrant-to-act.

4. WV’s Duties

• Upon the completion of the steps outlined in Clause 3 above, we shall remit all of your relevant documents within our possession to the appointed panel law firm for their further action. You unconditionally grant us the right to provide the appointed panel law firm with all documents you have furnished to us and which are within our possession, including any Confidential Information, Data, and Personal Data for the purposes of facilitating the application to obtain the Grant of Probate for your WV Wasiat.
• You unconditionally agree to not hold us liable for any acts or omissions in relation to any of your documents, Confidential Information, Data and Personal Data that we have provided to the appointed panel law firm.

5. Exclusion of liability for WV

Upon the appointment of any one of our panel law firms by your executor under the Execution Fee Waiver Policy, any claims or issues relating to the application to obtain your Grant of Probate shall be solely between your estate and the appointed panel law firm. We will not be held liable for any actions or omissions by the panel law firm appointed by your executor under the Execution Fee Waiver Policy.

6. Miscellaneous

(a) Entire Agreement

These terms constitute the entire agreement between you and WV with respect to the subject matter of the Execution Fee Waiver Policy.

(b) Waiver, Severability & Assignment

Any omission by us to enforce a provision does not constitute a waiver of our right to do so later. If a provision is found to be unenforceable in law, the remaining provisions of the Execution Fee Waiver Policy will remain in full effect and any unenforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under this Execution Fee Waiver Policy, and any such attempt will be void. WV may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Execution Fee Waiver Policy.

(c) Modifications

WV reserves the right, at any time to amend, modify or update any of the terms of the Execution Fee Waiver Policy with said amendment, modification or update being effective upon its posting on the Site, and you agree to be bound by any revised terms of the Execution Fee Waiver Policy.

(d) No Agency

Nothing in this Execution Fee Waiver Policy shall be construed as creating any partnership or agency relationship between you and us.

(e) Force Majeure

We shall not be held liable for any delay in, or failure of, the performance of the terms of the Execution Fee Waiver Policy above resulting from a national pandemic, floods, acts of God, wars, insurrection, riots, labour disputes, or any other cause, contingency or circumstance whether similar or dissimilar that is beyond our reasonable control. On the occurrence of any of the Force Majeure events above, we shall provide you written notice and full particulars thereof by publishing the same on the Site as soon as practicably possible. In any such event, we shall resume performance promptly after the cause of such delay or failure has been removed.

(f) Governing Law & Jurisdiction

This Execution Fee Waiver Policy shall be governed by and construed in accordance with the laws of Malaysia. Any legal action or proceeding arising out of, or relating to, this Execution Fee Waiver Policy shall be within the exclusive jurisdiction of the courts of Malaysia.

Schedule 1