What are personal injury trusts?
Personal injury trusts (sometimes referred to as personal injury trust deeds) are a kind of trust fund used to store your compensation money so you don’t have to give up your entitlement to state benefits and entitlements. In short, you can continue to receive welfare benefits even though you have received substantial personal injury compensation.
Most state benefits, such as Jobseeker’s Allowance, Housing Benefit, Council Tax benefit, Disabled Person’s Tax Credit, and Income Support are means-tested, meaning if you have too much money in your bank account, your entitlement will be reduced or lost altogether.
Therefore, if you receive a large compensation or insurance pay-out, a personal injury trust allows you and your family to retain your benefit entitlement whilst also being able to enjoy the compensation as intended. Other benefits of personal injury trusts include:
- They protect vulnerable people such as children and elderly people from potential financial abuse or extortion as the trustees must authorise every transaction within the trust.
- You can set money intended for things such as long-term care apart from your other money and assets
- By storing your money in a trust, it will likely be exempt from Inheritance Tax after you die
How do personal injury trusts work?
You can set up a personal injury trust so long as the funds used to create it were received as a result of personal injury. This includes:
- Compensation received as a result of a civil claim for personal injury
- Compensation from the Criminal Injuries Compensation Authority (CICA) for injuries caused by criminal acts
- Compensation from the Motor Insurers’ Bureau for personal injury caused by an uninsured driver
- Charitable or public donations
- Insurance payments
- Professional negligence compensation for undervalued personal injury claims
- Compensation from an Armed Forces Compensation Scheme
- Compensation from any other government scheme
You should appoint at least two trustees to manage your personal injury trust fund (but no more than four) and your chosen trustees must be over 18 years old.
Your chosen trustees are extremely important as they will have complete control over your money and are legally required to act in your best interests as the person entitled to the trust funds.
Many people choose close family or friends as trustees. However, if you want absolute peace of mind over how your money is being handled, our personal injury trusts lawyers have extensive experience acting as professional trustees for the beneficiaries of personal injury trusts.
How our personal injury trusts solicitors can help you
Our personal injury trusts expertise includes:
- Initial advice on whether a personal injury trust is right for you
- Information on the types of available benefits or state assistance you could be entitled to now or in the future
- Advice on choosing your trustees
- Helping you gather the relevant information to set your trust up
- Drafting and storing your personal injury trust document
- Explaining the provisions of your trust document to you
- Notifying the Benefits Agency and local authority of your personal injury trust to preserve your benefit entitlements
- Managing tax returns and accounts
- Removing or replacing trustees if necessary
- Acting as your professional trustee if you wish, and acting in your best interests at all times
Why choose IBB claims’ personal injury trusts lawyers?
IBB Claims is a leading firm of expert personal injury lawyers with extensive experience helping clients obtain compensation across all types of personal injury, including brain injury, spinal injuries, injuries at work or on the road, and birth injuries to mother and/or baby.
However, our assistance does not have to end once your compensation claim is concluded. We can also provide ongoing support and guidance for you as you get your life back on track after your injury. This includes helping you set up a personal injury trust to protect any compensation you are awarded and providing you with expert insight into how to manage your trust to make the best use of your money.
We are recognised by the Law Society in the Personal Injury Accreditation as specialists in personal injury related work.
Several of our team, including our Wills, Trusts and Probate team leader, Jacqueline Almond, are members of the Society of Trusts and Estate Practitioners (STEP), an association for experts in succession planning, including personal injury trusts.
Our team are members of the Association of Personal Injury Lawyers (APIL), Including our Personal Injury and Clinical Negligence Partner, Malcolm Underhill, who is a Fellow and an accredited Brain Injury Specialist.
Our team are also members of various specialist organisations, including Headway (The Brain Injury Association), and Solicitors for the Elderly, so we can expertly tailor our advice to your individual situation, whatever the manner of your injury or your personal circumstances.
IBB Claims (IBB Law) is independently regulated by the Solicitors Regulation Authority (SRA).
Get in touch with our personal injury trusts solicitors
For further information and advice, get in touch with our specialist personal injury trusts solicitors by calling 0333 123 9099 or emailing firstname.lastname@example.org.