ENGAGEMENT AND ONLINE ACCEPTANCE
1. Engagement and Online Acceptance
These Wills Drafting Engagement Terms (the "Engagement Terms") govern the engagement of Salloum & Partners LLC (the "Firm", "we", "us", "our") by the client identified at the time of acceptance (the "Client", "you", "your") for the provision of wills drafting and, where applicable, registration coordination services ordered through the Firm’s wills services portal at salloum.law/wills-services (the "Website").
You accept these Engagement Terms by ticking the acceptance box on the Website and completing payment of the Drafting Fee. Acceptance is electronic and binding. By accepting, you confirm that you are aged eighteen (18) years or older, are legally capable of entering into a binding agreement, and that the information provided by you on the Website is true, accurate, and complete to the best of your knowledge.
2. Defined Terms
In these Engagement Terms:
(a) "Ancillary Drafting" has the meaning given in clause 5;
(b) "Authority" means, as applicable, the Abu Dhabi Judicial Department ("ADJD"), the Abu Dhabi Global Market Courts ("ADGM"), the UAE Notary Public, or the Dubai International Financial Centre Wills Service Centre ("DIFC");
(c) "Authority Fee" means any fee, levy, or charge payable to an Authority in connection with the registration of a Will;
(d) "Channel" means the registration channel selected by you on the Website;
(e) "Drafting Fee" means the fixed fee payable to the Firm for the Package selected, as displayed on the Website at the time of acceptance;
(f) "Package" means the wills package selected by you on the Website (Silver, Gold, Couples, or Platinum), each as described on the Website;
(g) "Questionnaire" means the online intake questionnaire made available to you on the Website following payment of the Drafting Fee;
(h) "Terms of Business" means the Firm’s standard Terms of Business, available at the following link; and
(i) "Will" means the will or wills to be drafted by the Firm under the Package selected.
3. Relationship with our Terms of Business
These Engagement Terms are a Supplementary Agreement under, and supplemental to, the Terms of Business, which apply to and form part of these Engagement Terms. By accepting these Engagement Terms, you confirm that you have read and accepted the Terms of Business. In the event of any inconsistency between these Engagement Terms and the Terms of Business, these Engagement Terms shall prevail to the extent of the inconsistency.
4. Scope of Services
Our scope under this engagement is limited to:
(a) preparing the Will to the form and content required for registration with the Authority for the selected Channel, based exclusively on the information you provide in the Questionnaire and any supporting documents you provide;
(b) lawyer review and sign-off of the Will prior to delivery to you;
(c) for the Gold Package and the Couples Package only: coordinating registration of the Will with the Authority, including arranging the registration appointment, attending with you where customary, submitting the Will and supporting documents, and providing post-registration guidance; and
(d) for the Platinum Package: as separately scoped and agreed in writing prior to commencement, following a scoping call with a lawyer.
The contents of the Will are limited to the matters addressed in the Questionnaire for the Package selected, as described on the Website.
5. Items Outside Scope (Ancillary Drafting)
Any drafting, advice, or service that is not addressed in the Questionnaire for your Package, or that you wish to add to or vary in the Will beyond what the Questionnaire captures, constitutes "Ancillary Drafting" and is not included in the Drafting Fee. Without limitation, the following matters are Ancillary Drafting:
(a) trusts, foundations, holding companies, or other estate planning structures;
(b) powers of attorney, advance medical directives, or living wills (other than the optional incapacity treatment preferences and end-of-life wishes captured in the Questionnaire for the Gold Package and Couples Package);
(c) tax advice, including in relation to inheritance, estate, succession, gift, capital gains, or stamp taxes;
(d) advice on the validity, enforceability, recognition, or tax consequences of the Will under any law other than that of the Emirate of Abu Dhabi and applicable UAE federal laws (and, where the Channel is ADGM, ADGM law to the extent of registration only);
(e) legal opinions, including on cross-border or multi-jurisdictional aspects of the estate;
(f) asset valuations, asset tracing, or asset searches;
(g) probate, estate administration, or any contentious matter; and
(h) amendments, codicils, or replacement wills following delivery of the Will.
Ancillary Drafting will be undertaken only if expressly agreed in writing in advance, and shall be charged at our then-applicable hourly rates set out in the Terms of Business unless otherwise agreed in writing.
6. Fees and Authority Fees
The Drafting Fee for your Package is the amount displayed on the Website at the time of acceptance. The Drafting Fee is fixed and inclusive of all services within scope under clause 4. VAT at the prevailing rate is payable in addition.
Authority Fees are not included in the Drafting Fee and are payable by you directly to the relevant Authority. The Authority Fees displayed on the Website are indicative and may be revised by the Authority without notice.
7. Payment, Commencement and Cancellation
The Drafting Fee plus VAT is payable in full and in cleared funds through the payment facility on the Website at the time of acceptance of these Engagement Terms. Drafting work commences upon the later of: (a) receipt of the Drafting Fee in cleared funds; and (b) completion by you of the Questionnaire.
Cancellation by you and refund treatment is as follows:
(a) if you cancel within twenty-four (24) hours of acceptance of these Engagement Terms, you will receive a refund of fifty percent (50%) of the Drafting Fee; the remaining fifty percent (50%) is non-refundable as it shall be retained and applied towards matters including onboarding, administrative, processing, file opening and preparatory costs;
(b) if you cancel after twenty-four (24) hours of acceptance of these Engagement Terms but before drafting work has commenced, fifty percent (50%) of the Drafting Fee will be credited to your account for use towards any other legal services offered by the Firm, valid for six (6) months from the date of cancellation. The remaining fifty percent (50%) is non-refundable having been applied towards the reasons set out in (a) above;
(c) if drafting work has commenced, the Drafting Fee is non-refundable; and
(d) any Authority Fees, if already paid to the Authority, are non-refundable by the Firm.
Any cancellation by you must be made in writing and sent by email to wills@salloum.law. Cancellation shall take effect only upon actual receipt by the Firm of such email.
The Firm may terminate this engagement at any time on five (5) days’ written notice in any of the following circumstances: (a) KYC cannot be satisfactorily completed; (b) the Firm has reasonable grounds to doubt your testamentary capacity or to suspect undue influence; (c) there exists a conflict of interest that cannot be managed; or (d) for any of the other grounds set out in the Terms of Business. Where the Firm terminates this engagement for any of reasons (a) to (c), the Drafting Fee shall be refunded in full less any bank, payment processing, or other transaction charges incurred by the Firm. In all other cases, the Drafting Fee shall be forfeited.
8. Eligibility and Capacity
You confirm that you satisfy the eligibility criteria for the Channel selected, as displayed on the Website. The Firm relies on this confirmation. If, after acceptance, the Firm or the Authority determines that you are not eligible for the selected Channel, the Firm may propose an alternative Channel for which you are eligible or terminate the engagement under clause 7. Any incremental cost arising from a change of Channel is for your account.
You confirm that you have testamentary capacity, that you are making the Will of your own free will, and that you are not acting under duress or undue influence.
Where the Couples Package is engaged, the Client warrants and confirms that: (a) they have the authority and consent of their spouse or partner to provide the Firm with information, instructions, and documentation relating to the preparation of their spouse or partner’s Will; and (b) their spouse or partner is preparing their Will of their own free will and without duress or undue influence.
9. KYC
The engagement is subject to the Firm’s satisfactory completion of know-your-client and customer due diligence checks. You agree to provide promptly, upon the Firm’s request, all information and documents reasonably required for this purpose, including identity documents, proof of address, and source of funds. Drafting work will not commence, and registration will not proceed, until those checks have been satisfactorily completed.
10. Drafting Process and Revisions
Following commencement under clause 7, the Firm will generally deliver the first draft of the Will within 3 to 5 business days, subject to availability of resources and your providing complete and timely responses to any clarifying queries.
The Drafting Fee does not include revisions to the draft following delivery of the initial draft, nor does it include any Ancillary Drafting. Any requested revisions or Ancillary Drafting shall be charged at the Firm’s then-applicable hourly rates set out in the Terms of Business, unless otherwise agreed in writing. Any correction of typographical errors, drafting mistakes, or omissions attributable solely to the Firm will be made at no additional charge.
The Firm may decline to include in the Will any provision that is unlawful, invalid, contrary to public policy, contrary to the requirements of the Authority for the selected Channel, or otherwise inappropriate for inclusion in a will.
11. Execution and Registration; No Guarantee of Registration
Execution and witnessing requirements depend on the Channel and are determined by the Authority. You will be required to execute and register the Will in accordance with the Authority’s requirements. The Firm and its members do not act as witness.
For the Silver Package, registration is your sole responsibility, and the Firm’s scope ends on delivery of the finalised Will to you. For the Gold Package and Couples Package, the Firm will coordinate registration with the Authority, but registration itself remains in the discretion and control of the Authority.
The Firm has no control over the Authority. The Firm does not guarantee, and accepts no responsibility for ensuring, that any Will drafted by the Firm will be accepted for registration by the Authority. Acceptance of a Will for registration is a matter for the Authority alone, and depends on factors including the Authority’s interpretation of its registration rules, its assessment of eligibility, the documents and supporting evidence presented, and any subsequent change in the Authority’s procedures, fees, or requirements. The Firm will make reasonable attempts to procure acceptance of the Will for registration by the Authority.
Where the Authority declines to register the Will, the Firm will make up to three (3) resubmission attempts. If the Will remains unaccepted following those attempts, the Firm’s obligations under this engagement in respect of registration shall be deemed fully and finally discharged.
The Firm shall not be liable for any delay, refusal, additional requirement, fee revision, or other action or inaction by the Authority, nor for any change in Authority procedures, fees, or requirements occurring after acceptance of these Engagement Terms.
The Firm gives no advice on, and accepts no responsibility for, the validity, enforceability, recognition, or tax treatment of the Will outside the Emirate of Abu Dhabi.
12. Client Cooperation and Reliance
You undertake to provide complete, accurate, and up-to-date information in the Questionnaire and in response to all queries, to respond promptly to communications, to review drafts carefully and notify the Firm promptly of any error or change required, to keep your contact details up to date, and to cooperate with the Firm and the Authority as required to enable registration.
The Firm’s services are based exclusively on the information and instructions you provide. The Firm does not independently verify the accuracy of any information, the existence or value of any asset, the identity or status of any beneficiary, executor, or guardian, or the existence or terms of any prior will, marriage, divorce, or other personal status matter.
13. Limitation of Liability
Subject only to applicable mandatory law:
(a) the total aggregate liability of the Firm and its partners, employees, consultants, and agents to you, in contract, tort (including negligence), under statute, or on any other basis, arising out of or in connection with this engagement, shall not exceed the net amount of the Drafting Fee actually received by the Firm under this engagement, after deduction of any bank, payment processing, credit card, or other transaction charges incurred by the Firm in connection with receipt of that payment (excluding VAT and any Authority Fees);
(b) the Firm shall not be liable for any indirect, consequential, special, or punitive loss, nor for any loss of profit, loss of opportunity, loss of inheritance benefit, loss of tax relief, or loss of goodwill, in each case howsoever arising;
(c) the Firm shall not be liable for any loss arising from: (i) any inaccuracy, omission, or change in the information or instructions you provide; (ii) any act, omission, delay, or refusal of an Authority; (iii) any change in law, regulation, or Authority practice after delivery of the Will; (iv) any tax outcome; (v) any act or omission of any executor, guardian, beneficiary, or other person; (vi) the validity, enforceability, recognition, or tax treatment of the Will outside the Emirate of Abu Dhabi or, where applicable, the ADGM in respect of registration only; or (vii) any matter outside the Firm’s scope of services under clauses 4 and 5; and
(d) any claim against the Firm in connection with this engagement must be notified in writing to the Firm within 15 calendar days from the date of the act or omission giving rise to the claim, failing which the claim shall be deemed waived.