Personal Injury Trusts
Providing for your future
What is involved?
Following an accident, you may be claiming means-tested benefits to cover your day-to-day expenses. Means-tested benefits can include income support, income-related earning and support allowance, housing benefit and council tax support. Non-means tested benefits include severe disablement allowance, disability living allowance, statutory sick pay, child benefit or incapacity benefit.
If you are expecting several periodical payments, or if your final award will not be paid for some time, you can enter into a personal injury trust immediately after your first payment is received. Putting your damages award into a trust means that it is held in the names of trustees, rather than in your own name.
There are no restrictions on what the income or capital of the trust can be used for, as long as they do not bring your capital above the minimum level of £6,000. However, you will need to let the DWP know.
Why choose Freeths?
- We can offer you a FREE initial half hour meeting to discuss your needs and concerns
- You can ask our personal injury lawyers to visit you at home if this is more appropriate
- Our dedicated teams for Personal Injury and Trusts ensure that you have the best advice
- You can rely on our lawyers to explain everything clearly and to be upfront about costs
- As a team, we rank highly in the Chambers and Legal 500 independent legal directories
As well as advising and helping you set up a trust, our dedicated team can help you to inform the Department for Work and Pensions of your change in circumstances, once you’ve had your first payment. We also have a detailed guide about what to consider – please get in touch using our enquiry form below if you would like a copy.
Call our friendly Personal Injury lawyers to find out more about Personal Injury Trusts.
The type of trust most commonly used is called a bare trust – a simple form of trust where you are the only beneficiary and the trustees hold money on your behalf.
However, a more complex form of trust may be more suitable to your personal situation. Our team can help you to decide which trust is best for you. We can take your instructions on the trust, draft a bare trust and arrange a transfer of funds to a trustee bank account. If more complex trust arrangement, we can advise on how to do this and the costs involved.
Click here to see more information about Personal Injury Trusts.
"Freeths continue to offer high quality legal support while maintaining a friendly client focused approach. Freeths Private Client Team understand the individual needs of clients and ensure that each client receives the highest levels of support."
"This is just to thank you for all the help you have given to [client] over the past years. I know how fond of you she was and how marvellous you were with her. Freeths are so lucky to have you Patricia. I do not think I would have been able to manage the anxiety of the last years without your understanding and updates. With every good wish for the future and many many thanks for your kindness at all times."
- The creation of a personal injury trust for a minor following an award of compensation from the Criminal Injuries Compensation Authority. The trust was drafted to provide defined sub-funds for various specified needs of the beneficiary.
- A woman who had been awarded damages for medical negligence was unsure whether or not it was worth making a Personal injury Trust to receive the award. Although the award was modest, Veronica advised that if it was not held in trust, she would become ineligible for her benefits. Furthermore, she may find it difficult to have them re-instated once she had spent her award. Also important was the fact that she was already feeling pressure from friends and neighbours who knew she was about to receive her award and might ask her for financial assistance. Veronica advised that she would have protection from such requests if trustees held the funds rather than her. The woman felt more secure once she had set up the trust and no longer feared notifying the benefits agencies about her change in circumstances, as she would still be eligible to receive her benefits as before. Friends and neighbours would be less likely to ask her for money once they knew that trustees were in control of her award.
- Drafting and administration of Personal Injury Trusts including High Court approved trusts for injured children.
‘Doing the right thing’ is at the heart of Freeths. Find out more about our excellent client service and the strong set of values that guide the way we work.
Talk to us
Freeths are a leading national law firm with 13 offices across the UK. If you have a query about our services or just want to find out more, why not give us a call?
Contact: 03301 001 014