Legal

Privacy Policy

This document sets out how Pesaka Law collects, holds, uses, and discloses personal information in the course of providing estate planning legal services, and how we meet our obligations under the Personal Data Protection Act 2010 (Malaysia).

Effective date: 1 March 2025  ·  Last reviewed: April 2025

1. Who We Are

Pesaka Law is a legal practice registered in Malaysia, operating from Unit 17-1, Menara LGB, 1 Jalan Wan Kadir, Taman Tun Dr Ismail, 60000 Kuala Lumpur. We provide estate planning services including Will drafting and registration, inter vivos trust structuring, and probate and estate administration.

For the purposes of the Personal Data Protection Act 2010 (PDPA), Pesaka Law is the data user in respect of personal information provided to us by or about clients, prospective clients, and other individuals in connection with our legal services.

2. Information We Collect

In the course of providing estate planning advice and services, we may collect and hold the following categories of personal information:

  • Full legal name, identification document number (MyKad or passport), date of birth, and nationality
  • Residential address, postal address, telephone number, and email address
  • Marital status and information about family members, including names of beneficiaries, executors, trustees, and guardians
  • Information about assets — real property, bank accounts, shares, insurance policies, and other property — to the extent necessary for estate planning purposes
  • Information about liabilities, where relevant to estate or trust structuring advice
  • Health or incapacity information, where relevant to standby trust or incapacity planning instructions
  • Correspondence and records of instructions and advice given
  • Information collected through our website, including contact form submissions and, where enabled, cookies

We collect this information directly from you, from persons acting on your behalf, and occasionally from public records such as the National Land Registry or Companies Commission of Malaysia.

3. How We Use Your Information

We use personal information for the following purposes:

  • Providing legal advice and drafting documents in connection with your instructions
  • Verifying your identity and conducting client due diligence as required under the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001
  • Maintaining our matter file and client records
  • Communicating with you about your matter, including sending draft documents and correspondence
  • Billing and accounts administration
  • Complying with our legal and regulatory obligations as a legal practice
  • Improving our services and website, where information is used in anonymised or aggregated form

We do not use your personal information for unsolicited marketing communications. If we wish to send you information about legal developments that may be of interest, we will seek your consent separately.

4. Disclosure to Third Parties

We treat client information with professional discretion and do not disclose it beyond what is necessary for your matter or required by law. Disclosure may occur in the following circumstances:

  • To courts, registries, government authorities, or regulatory bodies as part of proceedings or applications we conduct on your behalf (for example, the High Court, Amanah Raya Berhad, or the National Land Registry)
  • To professional corporate trustees, accountants, or other advisers engaged with your knowledge and agreement as part of trust structuring
  • To Will registries at your election, for the purpose of registering your Will
  • To our professional indemnity insurers or legal advisers in connection with a claim or dispute, on a confidential basis
  • Where required by applicable law, court order, or lawful authority

We do not sell, rent, or trade personal information to third parties for commercial purposes.

5. Data Retention

We retain client matter files and associated personal information for a minimum of seven years from the conclusion of a matter, in accordance with professional obligations and applicable limitation periods under Malaysian law. Original Will documents or Trust Deeds held in our custody are retained for such longer period as may be appropriate given the nature of the document.

Website enquiry data is retained for a period sufficient to respond to and record the enquiry, and is reviewed periodically. Information no longer required is securely deleted or destroyed.

6. Security

We take reasonable steps to protect personal information from misuse, loss, unauthorised access, modification, or disclosure. These steps include physical security of our office premises, restricted access to client files, secure electronic storage with access controls, and encryption of sensitive correspondence where practicable.

Where we engage third-party service providers to process data on our behalf (for example, cloud document storage), we take care to select providers who maintain appropriate security standards and contractual commitments consistent with the PDPA.

No method of electronic transmission or storage is entirely without risk. We encourage you to contact us by telephone or in person for highly sensitive instructions where you prefer not to use email.

7. Your Rights

Under the Personal Data Protection Act 2010, you have the right to:

  • Access the personal information we hold about you, subject to exceptions permitted by the PDPA
  • Request correction of personal information that is inaccurate, incomplete, or misleading
  • Withdraw consent to processing for purposes that are not legally required, where processing is consent-based
  • Lodge a complaint with the Personal Data Protection Commissioner if you believe your rights have not been respected

To exercise any of these rights, please write to us at the address or email below. We will respond within a reasonable time and in any event within the timeframes required by the PDPA.

8. Cookies

Our website uses cookies to support basic functionality and to understand, in aggregate, how visitors navigate the site. We do not use cookies to build profiles of individual visitors for advertising purposes. You may review our full Cookie Policy, which explains the types of cookies used and how to manage your preferences, at cookie-policy.html.

9. Changes to This Policy

We may update this Privacy Policy from time to time to reflect changes in our practices, legal requirements, or the services we provide. When we do so, the revised policy will be posted on this page with an updated effective date. We encourage you to review this page periodically if you have an ongoing matter or enquiry with us.

Continued engagement with our services following a material change to this policy constitutes acknowledgement of the revised terms, subject always to your rights under the PDPA.

10. Contact

If you have questions about this Privacy Policy or wish to exercise your rights under the PDPA, please contact us by any of the following means:

Data User Contact

Pesaka Law

Unit 17-1, Menara LGB, 1 Jalan Wan Kadir

Taman Tun Dr Ismail, 60000 Kuala Lumpur

+60 3 7728 3942 [email protected]

For complaints that are not resolved directly, you may refer the matter to the Personal Data Protection Commissioner of Malaysia at pdp.gov.my.

The information on this page does not constitute legal advice. If you have specific concerns about how your personal information is handled, we are glad to discuss them with you directly.