Receiving compensation for a personal injury or medical negligence claim can be life-changing, but without proper protection, it could impact your eligibility for means-tested benefits. A Personal Injury Trust ensures your compensation is secure, allowing you to maximise the support available to you.
When you receive compensation for a personal injury or medical negligence claim, it’s essential to think about how that money will affect your financial situation. If you’re eligible for means-tested benefits, receiving a large sum could disqualify you from continuing to receive support unless you take specific legal steps to protect your compensation.
A Personal Injury Trust is the best way to ensure your funds are secure and your benefits eligibility remains intact.
Protecting your benefits
Means-tested benefits, such as Universal Credit, Housing Benefit, or Income Support, are calculated based on your income and savings. Without a trust in place, any compensation you receive could push your savings above the threshold, leading to a reduction or loss of benefits.
By placing your compensation into a Personal Injury Trust, it is legally disregarded in the assessment for these benefits, allowing you to maintain your entitlement.
Maximising your financial security
A Personal Injury Trust is more than just a safeguard for benefits—it provides a structured way to manage your compensation over the long term.
Whether you need funds for medical care, living expenses, or future investments, a trust ensures your money is used effectively while remaining protected from external risks.
Legal compliance & peace of mind
There are strict rules about how compensation can be handled to ensure compliance with benefits regulations. A Personal Injury Trust gives you peace of mind that:
Your funds are managed according to the law.
Your financial future is secure.
You can access the support and guidance of experienced professionals.
Choosing the right trustees
The trustees you select will play a crucial role in managing your Personal Injury Trust and ensuring your compensation is used appropriately. Choosing the right individuals or professionals is essential for the success and security of your trust.
Who can be a trustee?
A trustee can be:
Family members: Someone close to you who understands your needs and priorities.
Friends: Trusted individuals who have your best interests at heart.
Professional trustees: Experts, such as solicitors, who bring impartiality and legal knowledge to the role.
While it may seem convenient to rely on family or friends, the role of a trustee comes with significant responsibilities. Many individuals choose to include at least one professional trustee to ensure the trust is managed properly and to minimise potential disputes or misunderstandings.
Responsibilities of trustees
Trustees must:
Act in your best interests at all times.
Follow strict rules about how trust funds can be accessed and spent.
Ensure trust funds are used only for your benefit, safeguarding your eligibility for means-tested benefits.
The role involves careful management of finances and compliance with legal regulations. Trustees may also be required to make decisions about investments or large expenses, which can be challenging without the right expertise.
The role of professional trustees
Professional trustees, such as those at Anthony Gold Solicitors, bring a wealth of experience to managing trusts. They can:
Provide impartial advice and decision-making.
Handle complex legal and financial matters with confidence.
Ensure compliance with all legal requirements, reducing the risk of errors.
How we can help in personal injury trust matters?
At Anthony Gold Solicitors, we can:
Advise you on the best individuals or professionals to appoint as trustees.
Act as professional trustees, taking the burden off your shoulders and providing expert management.
Guide your chosen trustees through their responsibilities to ensure the trust operates smoothly.
Selecting the right trustees ensures your compensation is managed wisely, providing you with security and peace of mind for the future. Our team are here to help you make the best decision for your needs.
Managing trust funds: Bank accounts, tax returns, & investments
Once your Personal Injury Trust is set up, managing the funds within it requires careful attention to detail. This ensures your compensation remains protected, compliant with legal requirements, and used effectively for your benefit. At Anthony Gold Solicitors, we offer comprehensive support to make this process straightforward and stress-free.
Trust bank accounts
To comply with the rules of a Personal Injury Trust, your compensation must be kept entirely separate from your personal finances. This means opening a dedicated trust bank account that is:
Separate from other accounts: Ensuring clarity and compliance with regulations.
Accessible only by trustees: Protecting the funds from unintended use.
We assist in opening and managing trust bank accounts, ensuring the account is set up correctly and operates smoothly. Our team ensures the account meets all legal and administrative requirements, giving you one less thing to worry about.
Trust tax returns
In some cases, trusts are required to file annual tax returns. These returns report any income generated by the trust, such as interest or investment gains. Proper tax management ensures your trust remains compliant and avoids penalties.
Our services include:
Preparing and filing trust tax returns.
Advising on tax obligations related to trust income.
Helping you stay organised with annual financial reviews.
Investments
If your trust fund involves substantial sums, strategic investments can help maximise its value over time. While safeguarding your compensation is the priority, smart investments can ensure the funds grow to meet your long-term needs.
We can:
Provide tailored investment advice in collaboration with trusted financial advisors.
Help your trustees make informed decisions about managing the trust’s funds.
Ensure all investments comply with the rules of the Personal Injury Trust.
Our personal injury trust services
At Anthony Gold Solicitors, we provide a full range of services to ensure your Personal Injury Trust is set up and managed effectively. Our tailored support allows you to focus on your recovery while we handle the complexities of safeguarding your compensation.
Drafting & setting up the trust
Preparation and drafting of the Personal Injury Trust deed to establish the trust legally.
Customised trust structures to suit your specific needs and circumstances.
Guidance on trust options to ensure compliance with benefit regulations.
Advising on the choice of trustees
Support in selecting suitable trustees, whether they are family, friends, or professionals.
Explaining the roles and responsibilities of trustees to ensure informed decision-making.
Acting as impartial, professional trustees to provide expert management and reduce personal burden.
Setting up & managing trust bank accounts
Assistance in opening dedicated trust bank accounts to keep your funds separate from personal finances.
Ongoing account management to ensure smooth transactions and compliance with legal requirements.
Professional trustee services
Acting as professional trustees to manage your trust with expertise and care.
Ensuring funds are applied exclusively for your benefit while preserving eligibility for means-tested benefits.
Handling complex financial decisions, including fund allocation and major expenses.
Tax & financial management
Preparation and filing of trust tax returns to ensure compliance with HMRC requirements.
Strategic advice on trust fund investments, in collaboration with financial advisors.
Ongoing financial management, including the preparation of annual accounts.
Welfare benefits review
Conducting tailored reviews to ensure you are maximising any welfare benefits or state funding available to you.
Advising on how your Personal Injury Trust interacts with benefits assessments and state support.
Appointing & retiring trustees
Assisting with the formal appointment or retirement of trustees as your circumstances change.
Ensuring the trust deed is updated to reflect any adjustments in trusteeship.
Words from our clients
The team at Anthony Gold cannot be praised highly enough. Professional, considerate, empathetic and courteous at all times, they are a pleasure to deal with despite sometimes challenging personal circumstances. Highly recommended.
Patrick Folkes
Anthony Gold Solicitor’s legal team are excellent. They are very professional, hard working, attention to details, very organised, well prepared for the case. They are also very courteous and try to help us achieve our objectives.
Kui Tham
I have trusted the advice and services of Anthony Gold for 13 years. Always prompt and professional. I would strongly recommend their services.
Our Client
The court of Protection team went above and beyond. My wife and I were delighted with their conscientious work ethic and their availability at all times. Not to mention their professional and knowledgeable attitude. We are eternally grateful to the entire team.
Mark Dodson
Why choose Anthony Gold Solicitors?
At Anthony Gold Solicitors, we understand how important it is to protect your compensation and secure your financial future. With decades of experience in managing trusts and supporting clients with personal injury claims, we are uniquely positioned to provide expert guidance tailored to your needs.
Recognised expertise
Our team is consistently ranked as a leading firm in the field:
Legal 500: Recognised for exceptional service and dedication to achieving the best outcomes for vulnerable clients.
Chambers and Partners: Ranked as a Band 2 firm for Court of Protection matters across the UK.
This recognition reflects the high standards of care and professionalism that define our approach to supporting clients like you.
Client-focused service
We pride ourselves on:
Understanding your needs: Every client’s circumstances are unique. We take the time to tailor our services to your specific situation.
Clear communication: Legal jargon can be confusing—we explain everything in plain terms so you feel informed and confident.
A proactive approach: Whether advising on trustees, managing funds, or ensuring compliance, we work diligently to address all your concerns.
A comprehensive support system
Beyond establishing your trust, we offer ongoing support, including:
Professional trustee services to manage your funds with precision.
Assistance with tax returns, welfare benefits reviews, and investment strategies.
Guidance through the appointment or retirement of trustees as your circumstances change.
Trusted by clients & professionals
We are frequently referred by trusted organisations, including the Official Solicitor, legal authorities, and top clinical negligence and personal injury litigators. This trust underscores our reputation for delivering reliable, expert advice.
What is a Personal Injury Trust, and why do I need one?
How does a Personal Injury Trust protect my compensation?
Who can I appoint as trustees for my Personal Injury Trust?
Why should I consider appointing professional trustees?
What happens if I don’t set up a Personal Injury Trust for my compensation?
What is a Personal Injury Trust, and why do I need one?
A Personal Injury Trust is a legal arrangement that holds compensation from personal injury or medical negligence claims. It ensures your compensation is disregarded during means-tested benefits assessments, allowing you to safeguard your benefits while protecting the funds for your use.
How does a Personal Injury Trust protect my compensation?
A Personal Injury Trust keeps your compensation separate from your personal assets, ensuring it doesn’t count towards the threshold for means-tested benefits. This allows you to maintain financial support while using the funds for your needs under strict legal rules.
Who can I appoint as trustees for my Personal Injury Trust?
You can appoint trusted family members, friends, or professionals as trustees. They will manage the trust on your behalf and must act in your best interests, ensuring the funds are properly used and legally compliant.
Why should I consider appointing professional trustees?
Professional trustees offer impartiality and expertise, ensuring the trust is managed effectively and legally. They handle complex tasks like tax returns and investment decisions, reducing risks and providing peace of mind.
What happens if I don’t set up a Personal Injury Trust for my compensation?
Without a trust, your compensation may count as personal savings, potentially reducing or ending your entitlement to means-tested benefits. It also makes it harder to protect and manage the funds properly.
What is a Personal Injury Trust, and why do I need one?
A Personal Injury Trust is a legal arrangement that holds compensation from personal injury or medical negligence claims. It ensures your compensation is disregarded during means-tested benefits assessments, allowing you to safeguard your benefits while protecting the funds for your use.
How does a Personal Injury Trust protect my compensation?
A Personal Injury Trust keeps your compensation separate from your personal assets, ensuring it doesn’t count towards the threshold for means-tested benefits. This allows you to maintain financial support while using the funds for your needs under strict legal rules.
Who can I appoint as trustees for my Personal Injury Trust?
You can appoint trusted family members, friends, or professionals as trustees. They will manage the trust on your behalf and must act in your best interests, ensuring the funds are properly used and legally compliant.
Why should I consider appointing professional trustees?
Professional trustees offer impartiality and expertise, ensuring the trust is managed effectively and legally. They handle complex tasks like tax returns and investment decisions, reducing risks and providing peace of mind.
What happens if I don’t set up a Personal Injury Trust for my compensation?
Without a trust, your compensation may count as personal savings, potentially reducing or ending your entitlement to means-tested benefits. It also makes it harder to protect and manage the funds properly.