Personal Injury Trusts
Our specialist team is experienced in handling many types of personal injury trusts. Whether your circumstances are simple or complex, our experts can advise you on which trust is best for you and the costs involved.
Personal injury trusts settlement expertise
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 our personal injury trusts experts?
- 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 if you would like a copy.
Call our personal injury trusts team now on 0330 100 1014 to see how we can help you.
Key contact
Louise Lewis
Partner & National Head of Trusts, Estates and Tax Team
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Notable work
- 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.
Types of 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.
Call our friendly personal injury trusts team now on 0330 100 1014 to see how we can help you.
"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."
Client testimonial
"This is just to thank you for all the help you have given to [client] over the past years. 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."
Client testimonial
"The team at Freeths are my go-to for this practice area. Always extremely knowledgeable and pragmatic in their approach and their client communication and flexibility in working with us and accommodating our clients’ needs has always been a cut above. The diversity of skills and experience within the team makes instructing them an easy choice as they can cover all bases on complex projects. Where there have been elements that are outside of their remit or jurisdictional capacities, they always have tried and tested recommendations/referrals for us which is greatly appreciated."
The Legal 500, 2024
Meet the team
Louise Lewis
Partner & National Head of Trusts, Estates and Tax Team
Melanie Williams
Director & Head of Oxford Court of Protection
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