Personal injury trusts

What is a Personal Injury Trust?

A personal injury trust is an arrangement where your trustees hold a personal injury award on your behalf. It normally acts as a form of financial protection to individuals who have capacity and therefore are not under the Court of Protection. One advantage of a personal injury trust is so that you can retain your entitlement to means tested benefits. This allows you to protect the damages you’ve received following a personal injury claim. If money is needed from the trust, the trustees must agree to its release.

Trustees are normally close friends and relatives. Many people also choose to have a solicitor as one of their trustees because an independent party can take an objective view if issues arise as to how the trust fund is spent.

Please see our information sheets: Personal Injury Trusts.

How our Court of Protection lawyers can help with Personal Injury Trusts

Our team will be able to:

• Advise you of the options and whether a Personal Injury Trust is right for you
• Set up a trust
• Draft the trust deed
• Advise on who to appoint as trustees
• Act as a professional trustee and manage the day-to-day running of the trust
• Appoint new trustees
• Assist in the removal of existing trustees
   

Our Court of Protection and Trust Management expertise

We have one of the largest specialist Court of Protection teams in the country and a dedicated Trust Management Team. We have the expertise and resources to deal with any matters concerning setting up and operating Personal Injury Trusts on behalf of injured and vulnerable clients.

Eddie Fardell and Brian Bacon are highly regarded experts, with many years of experience between them. They are recognised as leading individuals by Chambers and recommended lawyers by The Legal 500. Eddie is on the Court of Protection User Group and both he and Brian regularly receive direct referrals from other solicitors, barristers and professionals, including case managers.

Our specialist Court of Protection team will give straightforward, practical advice and have the experience to ensure they secure the best possible outcome for the person who has received the personal injury award.

Further help

www.gov.uk/court-of-protection

Contact us

Call us on 01892 510000 to arrange an initial no obligation consultation. We’ll clearly explain the options and the processes involved with the Court of Protection in the setting up of Personal Injury Trusts.