Industrial disease claims and personal injury awards

22/11/2010

By Helen Stewart, Partner and Head of Probate.

How can we help?

Industrial disease claims

If your client has been diagnosed with an industrial disease such as mesothelioma we can work with you to advise and provide guidance to your client on the following:

  • the creation of an industrial disease trust to receive the damages to protect your client's means tested benefits (MTB) and eligibility to MTB.
  • the impact on your client of receiving a damages award in respect of their own estate. 
  • inheritance tax planning, considering the position of a surviving spouse in respect of MTB after your client's lifetime as a result of the award.
  • drafting a Will for your client to include advice on who should be executors to deal with your client's estate generally and also to deal with any litigation not concluded during your client's lifetime.
  • drafting a Lasting Power of Attorney to cover your client's financial and welfare needs.

Personal injury awards

We can work with you to advise and provide guidance to your client. We can:

  • explain clearly and simply the merits of creating a personal injury trust to protect your client's MTB.
  • help your client decide on which type of personal injury trust will best suit them.
  • discuss with your client who could be trustees and whether a professional trustee is required.
  • produce a trust deed quickly and efficiently for your client and trustees to sign.
  • provide trust management support to include assisting with the opening of a trust bank account and obtaining investment proposals where instructed to do so.
  • setting up trust accounts where required and provide ongoing trust management.
  • compile annual tax returns for your client and make tax repayment claims.

If you think that we could help your client we would be very pleased to assist. We will take the time to understand your client's position and potential vulnerabilities, to ensure that we can provide and advise on the best type of trust that would suit your client's need. We will provide a tailor made service for your client. A fixed fee service for creation of a personal injury bare trust deed can be provided.