Agreement – Original Will

An agreement made between MWD Wills Depository Sdn. Bhd. (Company No. 1177906X) and hereinafter called the “Company” and the person particulars of which are stated in the form and hereinafter called the “Depositor”.

Whereas:-

  1. The Company is in the business of collecting by way of deposit Testaments and/or Wills ;
  2. The Depositor is desirous of depositing his Original Will for storage with the Company;
  3. The terms and conditions as hereinafter set out shall govern the agreement made herein between the Company and the Depositor;
  4. In this Agreement, unless the context otherwise requires:
    1. each gender includes the other;
    2. the singular and the plural include the other;
    3. references to clauses are to clauses of this Agreement;
    4. references to this Agreement and that refer to this Agreement, Annexure and Schedule and that as amended hereafter;
    5. references to persons include individuals, unincorporated bodies, government entities, companies and corporations;
    6. including means including without limitation;
    7. Authorised Card means a card issued by The Company or WillKey™.
    8. Personal Information is the particulars, details supplied by the Depositor in pursuance of this Agreement;
    9. a document is in agreed terms if initialled or signed by the parties or if denoted by an “I agree” click online; and
    10. In writing includes manuscript, telexes, facsimiles, emails, digital and other permanent forms; and
    11. Testament/Will includes a codicil.

Terms and Conditions:–

  1. In consideration of the Depositor effecting payment to the Company in accordance with the terms of payment as set out on this website hereunder the Company shall take into custody by way of deposit, the original Testament/Will of the Depositor (hereinafter called the “Original Will”);
  2. The Company shall accept delivery of the Original Will from the Depositor and keep the same in its custody in a purpose built strong room but shall have no responsibility:-
    1. To determine the validity or genuineness of the Original Will;
    2. To review the Original Will; or
    3. To provide advice to the Depositor or his beneficiaries or other third parties with regards to the Original Will.
  3. The parties acknowledge that the Company is performing the services of a custodian and this shall not relieve the Depositor from seeking his own legal advice on the validity of the Original Will.
  4. The Company shall segregate and identify in its books/records in writing, the Original Will so deposited by the Depositor as belonging to / or as deposited by the Depositor. The Company shall exercise reasonable care in receiving, holding and handling the Original Will as a professional custodian for hire with respect to the Original Will in its possession and will release the Original Will or details of the Original Will in accordance with terms and conditions stated in Clause 8.
  5. By entering into this Agreement, the Depositor agrees with the Company keeping the private and personal data (hereinafter known as the “Personal Information”) of the Depositor.
  6. The contents of the Testament/Will deposited with the Company and the Personal Information are to be kept strictly secret unless disclosure in whole or in part is duly authorized by the Depositor or as provided by  this Agreement or required by law.
  7. In the event that the Personal Information and the Original Will in the custody of the Company is destroyed in whole or in part due to any reason whatsoever the Company shall not be liable for such loss and or any consequential damages, loss or expenses whatsoever;
  8. The Depositor shall be at liberty at any time hereafter subject to having satisfied all payments due to the Company pursuant to Clause 9 take back by way of return the said Original Will and subject to any legal requirements for the retention of any information and/or documents, all information pertaining to the Original Will shall be removed from the Company’s database save any information as may be required for operational, archival and/or statistical purposes.
  9. The Depositor shall:-
    1. Pay to the Company all fees charged by the Company for safekeeping the Original Will or safeguarding the information /data regarding the Original Will. If there are any fees outstanding up to the point in time of retrieval, the Depositor, his heirs, next of kin, successors in title and or beneficiaries will be liable to pay the same upon application for retrieval of the Original Will.
    2. Indemnify and save harmless the Company from and against all claims, demands, damages losses and expenses from any breach of any obligation of the Depositor.
    3. Supply all the relevant true and correct information with regard to his Original Will to the Company.
  10. The Original Will so deposited and any information regarding the Original Will, will not be released by the Company to anyone except:-
    1. To the Depositor upon request (subject to Clause 9(1) above);
    2. The Depositor’s legal representative upon production of the Depositor’s Death Certificate;
    3. To a solicitor/lawyer acting for the Depositor’s Estate or his beneficiaries or next of kin upon production of the Depositor’s original Death Certificate; or
    4. To any other third party pursuant to a search application in accordance with the specific instructions of the Depositor or to persons with an Authorised Card/or similar identification, password as the Company may require;
    5. Upon the Depositor’s 120th birthday.
  11. The Company agrees to keep the Personal Information secret and confidential and, unless expressly permitted otherwise under this Agreement, not to use the Personal Information in any way without prior written consent of the Depositor or his lawful representative in the event of his demise except to the extent reasonably necessary for the purpose of depositing the Original Will for operational, archival and/or statistical purposes.
  12. Accordingly, the Depositor agrees that the Company may disclose the Personal Information to its employees or agents or to third parties, in confidence to such of his employees or agents or third parties on a need-to-know basis to assist them in the safekeeping for operational, archival and/or statistical purposes.
  13. Subject to the proviso contained in this clause, all the terms and conditions set out in this Agreement shall be the entire agreement between the Company and the Depositor and supersedes all prior representations or understanding. Provided always from time to time and at any time the Company may amend any of the terms of this Agreement without any notice and post the same on the Company’s website at www.mywillkey.com or any other website that the Company may host from time to time. The Depositor shall be deemed to have been agreed to the same shall be binding upon the Depositor with effect from the date of the posting onto the Company’s website.
  14. This Personal Information does not include any information which the Company can prove:
    1. is already known by the Company prior to receipt from the Depositor; or
    2. is or becomes part of the public domain and widely available other than by breach of the Company; or
    3. is lawfully received by the Company from a third party; or
    4. may be required by law, regulation or order of a court of competent jurisdiction to be disclosed, and in such circumstances, the Company will, unless it is not reasonable to do so, at the Company’s absolute discretion, immediately notify the Depositor in writing of any request or requirement for disclosure and of relevant surrounding circumstances. If the Company is unable to so notify the Depositor before such disclosure is required, it will use reasonable endeavours at the Depositor’s costs on a solicitor client basis to resist any requirement for disclosure and to assist the Depositor in resisting the requirement for disclosure and to maintain the confidentiality of any Personal Information and where necessary. The Company shall, if possible, disclose only to the minimum to comply with the law.
  15. On termination of this Agreement for whatever reason by written notice by the Depositor:
    1. the Company shall return or procure the return to the Depositor (or destroy as the Depositor may require)the Original Will any and all documents and other materials and media containing the Personal Information together with all copies, save that is required for operational, archival and/or statistical purposes;
    2. the Company shall delete or procure the deletion of all electronic copies of the Personal Information, if any save that required for operational, archival and/or statistical purposes; and
    3. the Company shall make no further use of the Personal Information except for operational, statistical and archival purposes.
  16. The laws of Malaysia govern this Agreement.
  17. The Parties shall use their best efforts to promptly and adequately resolve any dispute which may arise between the Parties in respect of any matter or thing herein contained or any matter or thing in any way connected to this Agreement or the rights, duties or liabilities of any Party under or in connection with this Agreement through amicable consultations, conciliation or other agreed means provided always that the Courts of Malaysia shall have jurisdiction to determine any issues of dispute in respect of the terms of this Agreement or any subject hereto.
  18. Any change of registered or correspondence address of the Depositor shall be notified to the Company in writing.
  19. This Agreement is binding on and shall apply for the benefit of the Parties’ personal representatives, successors in title and permitted assigns.
  20. Nothing in this Agreement is capable of excluding or limiting liability arising from fraudulent and/or negligent misrepresentation by the Depositor.
  21. Should the Company and/or its servants or agents be held liable for any breach of any of its obligations in contract, tort or otherwise, its maximum liability shall be limited to a sum multiplied by seven (7) times the total amount received by the Company from the Depositor for the provision of the services under this Agreement.
  22. If any provision of this Agreement, or any part of a provision of this Agreement is found to be illegal, invalid or unenforceable, the remaining provisions, or the remainder of the provisions concerned, shall continue in effect.
  23. The Depositor in disclosing the Personal Information, shall be held to account for its accuracy.