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Personal Injury Trust

Personal Injury Trusts

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Setting up a Personal Injury Trust will protect your compensation award and preserve your entitlement to means-tested state support. Access Legal's expert team can help create and administer the trust for you.

Setting up a Personal Injury Trust is a perfectly legal procedure, accepted by both the Department of Work and Pensions (DWP) and local authorities and can 'ring fence' your compensation award in a personal injury claim or in medical negligence cases.

There is no upper limit on the amount that can be placed into a Personal Injury Trust but there are different types of Trust. Access Legal can ensure that the right type is set up and that your Trustees fully understand their duties, which may include the obligation to submit an annual tax return in some cases.

You have 52 weeks from the date that you receive your personal injury compensation award (either an interim payment or the full final settlement) to establish a Personal Injury Trust. After 52 weeks, if you haven't set up a Trust, your compensation award will count as capital when you are assessed by the DWP and you may lose all your current benefits as well as future entitlement to state support.

Setting up a Trust also gives you the reassurance of knowing that your Trustees are able to look after things in case you're unable to do so yourself for any reason. There are various considerations to be looked at when setting up a Trust, not least who to appoint as Trustees. You can be a Trustee, but you need someone - a friend, family member or professional adviser - to act with you.

Personal injury compensation awards held in a Trust are disregarded when you are being assessed for means-tested state benefits. Not all benefits are means-tested of course, but some may have a means tested component. If you get any of them, you have a duty to notify your local Benefits Agency about your compensation award if it is not placed in a Trust, which could affect your entitlement.

Our Experts

  • Rebecca Bristow - Court of Protection solicitor

    Rebecca Bristow

    Solicitor

    Court of Protection, Wealth Protection

    Rebecca is a solicitor in the Court of Protection team.

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  • Sarah Khatoon - Court of Protection Paralegal

    Sarah Khatoon

    Paralegal

    Court of Protection, Wealth Protection

    Sarah joined Shoosmiths in January 2016 as a Paralegal based in our Birmingham office specialising in Court of Protection and Personal Injury Trusts.

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  • Lucy Taylor - Court of Protection solicitor

    Lucy Taylor

    Senior Associate

    Court of Protection, Wealth Protection

    Lucy is an Associate Solicitor and leads the Court of Protection Team at Shoosmiths on a day to day basis.

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'Access Legal Solicitors got me the rehab I needed and really helped with my family. They were fantastic throughout.'

Nicola Cooper, who suffered a serious brain injury after a seemingly trivial car accident.

Personal Injury Trust

Access Legal will guide you through the entire process of deciding the right type and setting up a Personal Injury Trust. Call us and we can discuss your situation and offer our specialist help.

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