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Lasting Powers of Attorney

This literature is intended purely as an overview of this area of law in England and Wales and no action should be taken upon it without specific legal advice. It is not intended as a substitute for formal legal advice on your specific circumstances.

What is a power of attorney?

A power of attorney or letter of attorney is a written authorization to represent or act on another's behalf in private affairs, business, or some other legal matter. The person authorizing the other to act is the principal, grantor, or donor.

What is a lasting power of attorney (LPA)?

A lasting power of attorney is a legal document that allows you to appoint one or more people to make decisions on your behalf during your lifetime. The people you select to manage your affairs are called attorneys. A lasting power of attorney is an entirely separate legal document to your will although many people put them in place at the same time as getting their will written, as part of planning for the future.

How much does a lasting power of attorney cost?

A lasting power of attorney costs £300 excluding the registration fees. Mirror lasting power of attorney starts from £500 for two people.

What does lasting power of attorney cover?

There are two types of LPA.

  1. A health and care LPA let your attorney make decisions about your medical treatment and day-to-day care. This can include where you live, what you eat, what medical treatment you receive, and who you see.

  2. A financial decisions LPA lets your attorney handle (and make decisions about) your money and property. This can include paying your bills, selling your property, collecting your pension, and collecting your benefits.

Why is a lasting power of attorney so important?

If you ever cannot express your wishes, an LPA enables someone to step in and make decisions for you about your health and care or your finances. These important decisions will be made by someone you choose and trust, and you can choose the right type of LPA for your circumstances.

Without an LPA, if you need someone to step in and manage your finances in the future, your only option will be to apply for a deputyship order through the court. This can be a costly, complex, and lengthy process. If you have an LPA, it can take effect as soon as it’s needed, meaning your chosen attorney can step in straight away.

Once your LPA is in place, you can have peace of mind that someone you trust can look after your affairs if you're ever unable to yourself, because of an illness or accident.

Your LPA can include instructions for your attorney, as well as your general preferences, to help them make the right choices for you. Your LPA should reflect your wishes so you know that the things that matter most would be taken care of.

You can only put an LPA in place whilst you are capable of understanding the nature and effect of the document. If you wait until it's needed, it will be too late for you to put an LPA in place.

Who needs a lasting power of attorney?

An accident or illness can strike anyone at any age, often without warning. For this reason, an LPA is an important legal document for anyone to put in place.

If you lose the capacity to make decisions and you don't have an LPA, no one has the legal authority to manage your finances for you or make decisions about your healthcare. If you wish to retain control over the decisions that are made on your behalf and give this authority to someone you trust, you should consider making an LPA.

Without an LPA, someone you might not have chosen could be appointed by the court to manage your affairs for you, under a deputyship order.

If you want peace of mind that a particular person will have the legal authority to look after your affairs, without them needing to go through the costly and complicated process of making a deputyship order, consider making an LPA.


Making a Will and Planning for the Future

Making a Will isn’t just the best way to pass on your money and property to the next generation (although that’s the main reason people make Wills). Writing a Will also means you can:

  • Take steps to reduce Inheritance Tax, increasing the amount your loved ones can inherit.

  • Provide for unmarried partners and stepchildren (who cannot inherit if you die intestate)

  • Appoint executors you trust to handle your final affairs.

  • Appoint guardians for your children in case you die before they turn 18.

  • Make trusts to control how assets are inherited or used, or to set aside money for children and vulnerable loved ones.

  • Set out your funeral wishes (your executors can’t be forced to follow them, but it guides them)

  • Avoid Will and inheritance disputes after you die – if you set out your wishes clearly in writing, there’s less scope for your family to argue over them.

Securing your family's future

At Kang Asset Management we believe that everyone should have a Will.  It is the only way that you can have a say over what happens to your assets. Kang Asset Management is here to help put this right. We even offer Free will writing services to deserve people because we believe it is important to have a Will for all.

Why do I need a Will?

  • To have complete control of what happens to your assets when you die.

  • To ensure your family, friends, and any dependents have the security they deserve.

  • To be able to donate to a charity or good cause of your choice.

What happens if I don’t have one?

  • Without a Will, your assets will be divided according to the law, which may not meet your wishes or give justice to your loved ones.

  • If you’re married with children, your spouse may not automatically inherit everything you own.

  • Instead, your assets may be divided between your spouse and your children under intestacy rules.

  • If you are not married, your partner or loved ones may not get any of your assets.

How can we help?

  • A personal and professional Will writing service by a professional lawyer.

  • Our trained Consultants are here for you and will visit you in your own home.

  • We can guide you through the whole process from taking instructions for your Will right through to signing and storing the final document.

How long does it take to make a Will?

This depends on the particular service we’re providing and it’s important that we fully understand your situation. We aim to provide you with a draft Will for you to consider within 7 working days of taking instructions from you.


What is an Islamic will? 

An Islamic will is a legally-binding document that stipulates to whom a person will be leaving their assets (property, possessions, money) upon their return to Allah (SWT).

This will take into account two groups of people:

  • Ascendants: Including your spouse (husband/wife) and parents

  • Descendants: Your children, grandchildren, and siblings (full siblings and half-siblings)

A will can also include bequests for charitable purposes.

Meaning of Wasiyyah in Islam

Wasiyyah or Wasiya in Islam is the declaration a person makes whilst alive regarding their property and the arrangements according to Islamic law to be carried out after their death. Therefore, this is akin to a “will” in domestic law.


What is the law for wills in Islam? 

In Islam, a will must be made by the person whilst they are alive. A will is made for the purposes of arranging ones property and assets, after their death, for the benefit of others, or for charitable purposes.

“It is the duty of a Muslim who has anything to bequeath not to let two nights pass without writing a will about it.”  (Bukhari)


Therefore, writing Islamic wills is incredibly important in an Islamic context.

How to create an Islamic will that is legal in the UK?

You can create a will on your own, however, consulting a lawyer for legal advice is advisable and at Kang Asset Management we are providing this service to our Muslim brothers and sisters.

In order to create an Islamic will that is legal in the UK and most other countries, you must meet the following conditions according to UK law:

  • You must be 18-years-old or over

  • You must be of sound mind.

  • Your will must be in written form (oral declarations are not legally-binding)

  • You must state that you are the author of the will

  • You must legally declare that this is your last will – meaning that any other wills are now invalid

  • You’ll need to sign and date the will in the presence of two witnesses

  • Neither of the witnesses can be your spouse or beneficiaries of the will

For full legal guidance, we recommend you consult a solicitor (lawyer). For Islamic guidelines, a scholar will be able to give Sharia-complaint advice.


What are the reasons for setting up trusts?

  • Holding assets for minor children until they are old enough to receive them

  • Providing for a spouse while protecting assets ultimately for your children

  • Holding funds for a vulnerable beneficiary

  • Paying grandchildren’s school fees

  • Guarding against divorce or bankruptcy claims against children

  • Protection from Care Fees assessed against a loved one

  • Continuation of existing means-tested benefits

  • Protection from Inheritance Tax

What are the popular types of trusts?
  • Age-contingent Trust

  • Bereaved Minors’ Trust

  • Bare Trusts

  • Bloodline Trust

  • Children’s Trust / Grandchildren’s Trust

  • Discretionary Trust

  • Disabled Persons’ Trust

  • Home Protection Trust / Trusts of Land

  • Lifetime Trust

  • Life Interest Trust

  • Nil Rate Band Trust

  • Will Trust


Tips and traps to look out for

Although trusts are extremely flexible and useful, and needn’t necessarily be complicated or expensive to maintain, the law of unintended consequences can easily apply if insufficient advice is taken. We would always recommend at least a degree of professional oversight to make sure things don’t go wrong.

Whatever your query, please get in touch with us.



Our trust lawyers regularly advise on:

  • Why, when and how to set them up trusts

  • Which type of trust to choose

  • When they can be implied from existing circumstances

  • Tax consequences and tax mitigation

  • Choice of Trustees

  • Asset selection

  • Trust management

  • Compliance with tax obligations and regulatory requirements

  • Winding up Trusts

  • Tips and traps to look out for


Living TRUST​

Our Living Trusts are specifically designed to protect your assets for you during your lifetime. They give you the peace of mind that your estate can be passed on securely and intact to your spouse, your children, and their bloodline, or other named beneficiaries, after your death.

What is a Living Trust?

  • A Living Trust is a lot like a Will, in that you set out your wishes about your assets and your heirs.

  • However, a Will only becomes effective when you die and after the probate process.  A Living Trust is effective while you are still alive.

  • You can place many assets into a Living Trust, such as property, savings, and investments.

  • The Trustees will take control of the assets immediately, which can be very beneficial to you and your family in certain circumstances.

What are the benefits of having a Living Trust?

  • A Living Trust bypasses the time-consuming process of probate and assets can be managed without the need to wait for the Grant from the Court.

  • If the Settlor wishes, the Trustees do not have to wait for the Settlor to die to provide assistance to the beneficiaries.  They can see their beneficiaries benefit during their lifetime.

  • You can place your assets in a Trust to make sure your beneficiaries receive them at a time that’s right for you and for them.

  • You have complete control – you decide on the trustees and what they can and cannot do.  This is beneficial if at some point in the future you are unable to manage your financial and legal affairs due to incapacity such as dementia.

  • A Living Trust can protect your share of assets for your children in the event that your partner should marry or co-habit after you have gone.





Keeping your family home in the family

A Property Trust can be created when a property is jointly owned. One of our experts can visit you in the comfort of your own home at your earliest convenience to recommend the products that will provide the correct protection for you, your family and your assets.

What is a *Protective Will Property Trust?

  • It is an enhanced Will that offers some protection for the property by ensuring that on the first death, that share is protected from interference by third parties.  That share will also be protected from assessment for care home fees should the surviving owner require care in the future.

  • It's designed to enable joint owners to be more flexible with their share of the property enabling them to pass it to someone other than the joint owner.

  • If the current joint owner remarries or decides to gift their share to someone else then your share is fully protected for your beneficiaries.

  • This means that if the surviving owner needs residential care or gets into financial difficulties, then the first share of the property is protected and will not be assessed or at risk.

What does it mean for the surviving partner?

  • The surviving owner has the right to live on the property for the rest of their life.  They cannot be evicted by the trustees (your chosen people who manage the Trust).

  • The surviving owner can sell the house if they wish to and buy another, but any profit will be split equally between them and the trustees.

  • The surviving owner usually controls the Trust with at least one other person, typically another family member.


How to reduce the threat of third-party elements?

Without adequate estate planning your estate could pass outside of your choice of beneficiary.  Helping you to organise a Severance of Tenancy is one way Kang Asset Management can help you to protect your property for the benefit of those you care about.

What is a Severance of Tenancy?

  • Normally, when people buy a property together, they purchase as Joint Tenants, meaning that they both own the whole of the property.  When a Severance of Tenancy occurs they become Tenants in Common instead.

  • Becoming Tenants in Common means you each own a percentage of the property – usually 50% each but you can define the portions into unequal shares if you wish, for example, if you have put a disproportionate amount of funds into the purchase of the property.

  • More often than not the application is done mutually by both parties, however, this is not necessary and can be done by one party alone as long as the joint owner is notified. This is useful when divorce proceedings are considered and there is a need to avoid your share of the property transferring automatically to your spouse if you should die before the financial situation is resolved.

What are the benefits of a Severance of Tenancy?

  • A Protective Will Property Trust is only effective if the tenancy is severed.

  • If joint owners have contributed unequal funds towards the purchase of a property and the tenancy is severed into defined portions, the proceeds of the sale will pass to the right beneficiary under the terms of the owner’s Will.

  • If a Severance hasn’t taken place and one of you dies, the property will automatically transfer to the other owner – severing the tenancy avoids the automatic transfer to the joint owner and your share can be protected for someone other than your partner.

  • When there is a Severance and a Protective Will Property Trust - if you die and your joint owner changes their mind about their choice of beneficiaries this will not affect your decision thereby protecting your chosen beneficiaries.

  • No one likes to think about their spouse re-marrying after they have died but it could happen and in doing so any existing Will they had would become void. The new partner would inherit whatever your spouse owned should they predecease them, meaning your estate could pass to your spouse’s new partner and not your children. Severing a tenancy is the start of you protecting your share of your property for your loved ones.

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