What is a Personal Injury Trust?  

Many personal injury claimants are in receipt of welfare benefits.  If they do not receive appropriate advice about the use of Personal Injury Trusts, their benefits may be affected when they receive their damages. Legal advisers have a duty to inform claimants of the option to set up a Trust in order to protect their benefits situation.

The specialist Partners at Nestor have many years’ experience advising on the benefits of establishing Personal Injury Trusts.  We offer more than just knowledge of the welfare benefits rules; we have an in-depth understanding of the factors affecting personal injury clients.  During a recent 12-month period, Nestor Partnership established over 200 Personal Injury Trusts and our expertise is unrivalled.

Drawing upon this expertise, we have developed our Personal Injury Trust service to help claimants to protect their current and future welfare benefits position. For many legal firms, our simple and easy to use Personal Injury Trust service is embedded within their case management systems to ensure that their clients get the right advice....at the right time. 

We also provide SRA accredited training for lawyers on the importance of Personal Injury Trusts. Click here for more details.  

Client feedback on our Personal Injury Trust service is superb, but we are not complacent.  We strive always to improve our client communication and the quality of service we offer.

Click here to download our PI Trust assessment form for our FREE viability report

What is a Personal Injury Trust?

Where a Trust fund has been set up out of damages paid as a consequence of a personal injury (a Personal Injury Trust), the value of the trust is ignored for the assessment of eligibility to most means- tested benefits and/or local authority support.

Personal Injury Trusts are also sometimes referred to as Special Needs Trusts or Trusts for Disabled People. Whatever term is used, it is the source of the trust fund which determines the trust's nature. Trusts of this type may include bare trusts, interest in possession trusts and discretionary trusts. Sometimes they are used in combination. It is important to ensure the correct type of trust is used. This will depend on the claimant's needs, family circumstances and the possible involvement of the Court. The correct form of trust should enable claimants to retain their entitlement to most means-tested state benefits and/or local authority support irrespective of the size of their award.

Click here to download our 'Personal Injury Trusts' brochure.

Click here visit our library for relevant articles and information about Personal Injury Trusts

The Financial Services Authority do not regulate taxation or trust advice.

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