Can I withdraw money from a Personal Injury Trust?

The money in the Personal Injury Trust can still be used for your benefit (and would normally be treated as belonging to you for all tax purposes) but if the Trust is for benefit protection purposes, it cannot be used for regular expenses that your benefits are meant to cover (such as Council Tax, gas, water, electricity, etc.). The Trust can, however, be used for all non-regular expenses, such as holidays, cars, houses, clothing, etc

What type of Trust is used for a Personal Injury Trust?

The type of Trust used for a Personal Injury Trust may vary according to your needs, family circumstances and the possible involvement of the Court. It might be: A Bare Trust; A Discretionary Trust; or A Life Interest Trust or a hybrid. It is the source of the funds and not the type of Trust that determines whether or not it’s a Personal Injury Trust. The terminology can vary – they are sometimes called Special Needs Trusts or Trusts for disabled people. For larger sums, the Courts may insist on a professional Trustee being used or the damages received may have to be managed under the Court of Protection.

When should I set up a Personal Injury Trust?

It is best to set up a Personal Injury Trust as soon as you are aware that a payment is to be made to you in order to ensure that all of the compensation you receive is protected.

What is involved in setting up a Personal Injury Trust?

It’s a simple process: You decide who the Trustees will be. These are individuals who will be legally responsible for looking after the money. You can choose relatives, close friends or a professional, such as one of the Partners at Nelsons A Trust Deed is then prepared, which you and the Trustees sign The funds are then received by the Trustees. These funds can be held in our client account or invested. The Trustees may well also need to set up a bank account. The Trust is then registered with HM Revenue & Customs, who may require tax returns to be submitted, although in general terms, the form of Trust used means that any relevant income can simply be reported on your own tax return You also need to consider what should happen to any money left in the Trust after you die. We would recommend that you make a Will if you have not already done so or review any Will you already have in place.

What do I do if I want to set up a Personal Injury Trust?

Nelsons have a dedicated Settlement Management team who can help you set-up the Trust. If you would like go ahead or would like more information, please call us on 0800 024 1976 or contact us via our online form and we will be happy to discuss your circumstances in more detail.

Personal Injury Trusts | PI Trusts l Nelsons Solicitors

Protecting your compensation and benefits

Many personal injury claimants receive welfare benefits due to their injuries. However, if these benefits are means-tested, they may be affected by any compensation you receive for your injuries. You can set up a Personal Injury Trust fund for your compensation payment so that the value of the Trust will be ignored for assessing eligibility to most means-tested benefits and Local Authority support.

At Nelsons, we understand the complexities and sensitivity surrounding personal injury cases. Our expert team of Trust solicitors in Derby, Leicester and Nottingham specialises in creating and managing Personal Injury Trusts, providing you with peace of mind and financial security.

Related services

How we can help with Personal Injury Trusts

Our team offer the following:

A telephone review to help understand your position.
A written report highlighting issues for you to consider.
Advice on how a Personal Injury Trust can work for you and the best type of Trust to use.
Support in helping you to select the right people to be your Trustees.
Our services as Professional Trustees should you not know anyone else you feel would be willing or able to act.
Access to expert Independent Financial Advisers who can advise on investing funds on behalf of Personal Injury Trusts.
Support in arranging a Trust bank account.
Registration of the Trust with HM Revenue & Customs where needed.
A carefully worded Trust Deed, which is designed to protect against any challenge brought by the benefit agencies.

Why choose Nelsons?

Expert legal guidance – We provide comprehensive legal guidance to help you understand the benefits and implications of setting up a Personal Injury Trust. Our team is also recommended by the independently researched publication, The Legal 500.
Tailored solutions – Our experts work closely with you to tailor a Personal Injury Trust that suits your specific needs and financial goals, ensuring the protection of your compensation.
Financial planning – Through our specialist Investment Management team, we can provide strategic investment advice for your Personal Injury Trust to help you make the most of your compensation while maintaining financial stability. Our goal is to empower you to manage your funds wisely for the long term.
Transparent and clear communication – We believe in transparent communication. Throughout the process, we keep you informed about the legal steps, financial implications, and any other relevant information. You can trust us to guide you through every stage with clarity.

Testimonials…

"Nelsons...Limited has an extensive offering, with practitioners having experience of trust administration, Court of Protection work, investment management, wills and probate..."
The Legal 500
"The legal work has been excellent and on time. A major difference between Nelsons and other major law firms we have dealt with is that they focus on a personal touch..."
The Legal 500 2023
"....Knowing they are there and can check up on any changes we need to make on legal issues is comforting."
The Legal 500 2023 (Continued)
"Nelsons...acts on matters ranging from wills and estates, lifetime and tax planning, asset protection and care fee planning, through to trust structuring, with a focus on high net-worth individuals and those with international assets."
The Legal 500 2023
"Key strengths and capabilities in my opinion are: – the ability to visit clients at home which reduced anxiety for our family – professionals who are knowledgeable, approachable and respectful..."
Referee feedback provided to The Legal 500 2024 (Continued)
"...– Clear and accurate information regarding the processes involved – Efficient delivery of paperwork, etc."
Referee feedback provided to The Legal 500 2024 (Continued)

To discuss how we can help you set up and manage your Personal Injury Trust, please call 0800 024 1976 or contact us via our online enquiry form for a guaranteed response.

Meet the team

Gemma Hopper
Legal Director & Solicitor
George Neville
Senior Associate & Solicitor
Grace Fashanu
Associate & Solicitor
Tanya Kirman
Associate & Legal Executive
Naomi McFadden
Associate & Solicitor

View Full Team

Fees for setting-up a Personal Injury Trust

The cost of setting up a Personal Injury Trust, including all advice, ranges from £1,350 to £1,600 plus VAT. Annual ongoing fees will depend on the amount of work we carry out. These costs will usually be paid as part of a personal injury settlement.

Our fees for assisting with opening a bank account range from £600 to £850 plus VAT.

These fees are our standard costs, but these charges may be higher if your case is more complex. If this is the case, then we will provide you with a quote. However, in most cases, our standard fees will apply.

Make an enquiry

If you wish to contact us, please complete the form below. A member of our team will be in touch as soon as possible. When you submit this form, you are consenting to a member of our team to contact you via phone or email regarding your request. We encourage you to review our Privacy Notice for detailed information on how we manage and protect your data.

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Personal Injury Trusts FAQS

Below, we have answered some frequently asked questions concerning personal injury trusts

Can I withdraw money from a Personal Injury Trust?

The money in the Personal Injury Trust can still be used for your benefit (and would normally be treated as belonging to you for all tax purposes) but if the Trust is for benefit protection purposes, it cannot be used for regular expenses that your benefits are meant to cover (such as Council Tax, gas, water, electricity, etc.).
The Trust can, however, be used for all non-regular expenses, such as holidays, cars, houses, clothing, etc
What type of Trust is used for a Personal Injury Trust?
The type of Trust used for a Personal Injury Trust may vary according to your needs, family circumstances and the possible involvement of the Court. It might be:
- A Bare Trust;
- A Discretionary Trust; or
- A Life Interest Trust or a hybrid.
It is the source of the funds and not the type of Trust that determines whether or not it’s a Personal Injury Trust. The terminology can vary – they are sometimes called Special Needs Trusts or Trusts for disabled people.
For larger sums, the Courts may insist on a professional Trustee being used or the damages received may have to be managed under the Court of Protection.
When should I set up a Personal Injury Trust?

It is best to set up a Personal Injury Trust as soon as you are aware that a payment is to be made to you in order to ensure that all of the compensation you receive is protected.
What is involved in setting up a Personal Injury Trust?
It’s a simple process:
1. You decide who the Trustees will be. These are individuals who will be legally responsible for looking after the money. You can choose relatives, close friends or a professional, such as one of the Partners at Nelsons
2. A Trust Deed is then prepared, which you and the Trustees sign
3. The funds are then received by the Trustees. These funds can be held in our client account or invested. The Trustees may well also need to set up a bank account.
4. The Trust is then registered with HM Revenue & Customs, who may require tax returns to be submitted, although in general terms, the form of Trust used means that any relevant income can simply be reported on your own tax return
5. You also need to consider what should happen to any money left in the Trust after you die. We would recommend that you make a Will if you have not already done so or review any Will you already have in place.
What do I do if I want to set up a Personal Injury Trust?

Nelsons have a dedicated Settlement Management team who can help you set-up the Trust. If you would like go ahead or would like more information, please call us on 0800 024 1976 or contact us via our online form and we will be happy to discuss your circumstances in more detail.

Get in touch

Speak to us now on 0800 024 1976 Email Us

Personal Injury Trusts