Personal Injury Trusts

  • Industry recognised Vulnerable Client Specialists
  • Vast experience as Professional Trustees and in helping Lay Trustees
  • Able to set up and manage Trusts
  • Friendly, approachable and empathetic team

JE Bennett Law are experienced Personal Injury Trust Solicitors. From our offices in Sevenoaks, Kent we are well positioned for London and the south east, but do business throughout the UK. Jane Bennett frequently acts as a professional trustee as well as advising lay trustees where compensation is received following personal injuries, either due to personal injury or clinical negligence litigation; Criminal Injuries Compensation Authority (CICA) claims or vaccine damage payments.

Working With Lay Trustees and acting as Professional Trustees

Our experienced team of lawyers works with the lay trustee to ensure all trustee duties are adhered to and the various trustee obligations are met, including advice as to the various legal ramifications of managing a personal injury trust.

This often involves analysis of mental capacity to found a trust, since both the mentally incapacitated client and those having capacity, may set up trusts to protect their compensation. The main advantages of holding funds in trust are to ensure that state means tested benefits are maintained, and that eligibility to state funding for care is maximised. The team will also advise on the rules regarding capital limits and the treatment of income for benefits and tax purposes, as it arises within or as a result of the trust, or post settlement in the form of periodical payments. Advice includes help to decide what form of trust is most appropriate for clients’ needs, and careful consideration as to the benefits or burdens involved in each.

In the course of acting as a professional trustee, Jane frequently acts for children and vulnerable adults in relation to the management of funds received in damages awards. She frequently appears in the High Court and is often asked to give evidence as to the reasonableness of proposed professional costs and to the law relating to the management of trusts in cases which have not yet settled.

Setting Up and Managing Trusts

The team advises on tax issues arising from the setting up of the trust, and holding funds/assets in trust, and offers comprehensive administration services, so that the injured party and their family can focus on their loved one’s care and maximise their quality of life. Jane and the team are also fully conversant and trained in the changes in the law following the implementation of the Care Act 2014 in April 2015 and the impact on the injured party, including the interaction of state funding and eligibility for the provision of care, and the impact of the Care Act on carers.

Wherever possible, Jane will work with the client and their families to ensure that the firm’s services are tailored to their needs and that affordability is a key consideration in the provision of advice. Moreover, as Court of Protection specialists Jane and the team can advise clients as to the impact of the law relating to the Court of Protection on their situation, such as for example, when a trust may be appropriate as opposed to a deputyship, and the rules and case law affecting this key area, particularly in light of the Care Act 2014 coming into force.

The firm advises on and sets up disabled persons’ and bare trusts, and organises the opening and running of trust bank accounts. Annual tax returns can also be prepared at competitive rates. As part of the comprehensive advice JE Bennett Law offers, the team offers advice and assistance in claiming state benefits; will advise you as to the operation of the 52 week disregard for eligibility to state benefits, and is happy to assist in the completion of benefits forms, including corresponding with benefits offices, and arguing where necessary for backdated payments, if appropriate.

What Our Clients Say

Sebastian Dunn
I would like to thank Jane Bennett for the expert help I received from her in a delicate matter surrounding Lasting Power of Attorney and the loss of capacity of a family member. Jane was able to draw on a wealth of specialist knowledge and experience both to guide me and, when needed, to act decisively. At each stage of the process, I have felt listened to, supported and treated with the upmost professionalism and warmth, not only by Jane but by all those I encountered at Jane Bennett Law.
Paul Herbert, Private Client
"Thank you for all the work you have done for me over the years"
David White, Private Client
"Sought the assistance of J E Bennett Law when seeking a Deputy Application, followed by a Second Trustee Application. The, advice service and support I received throughout was exceptionally impressive, leaving me reassured and confident that all was being done to expedite the applications and bring the matters to a timely and successful conclusion. No question or concern was too small for my solicitor Lorna who was always considerate and genuinely supportive. I would highly recommend J E Bennett Solicitors, especially Lorna. I will be looking to use their services again in the future."
The Legal 500 Editorial Testimonials 2021
'Highly professional service at a fair price. An experienced and user-friendly team'  
Legal 500 Editorial Testimonial 2021 – The JE Bennett Law Team
'A very strong team ethic as the practice has developed over the last few years. Jane Bennett is a leading industry figure, with a strong business acumen built upon excellent client care. Lorna Halfpenny-Beeby is a rising star of the team'  
Legal 500 Editorial Testimonial 2021 – Jane Bennett
'Jane Bennett is always prompt and deals with instructions efficiently. She is helpful and approachable. I value her professionalism and turnaround times in cases where things can be a bit last minute. Jane always delivers for us.'  
Legal 500 Editorial Testimonial 2021 – Richard Shearing
'Richard is very practically involved with his clients. He is highly respected by clients and professionals alike. Richard is very approachable and is obviously highly skilled and knowledgeable'
Legal 500 Editorial Testimonial 2021 – Lorna Halfpenny-Beeby
'Lorna is infectiously passionate about promoting independence and is happy to think outside the box in ensuring her clients have access to the necessary support and rehabilitation services. Her approach is one of someone highly skilled in her field. Lorna remains professional at all times and nothing seems too much'  
Harry Trusted, Barrister
Jemma (Cahan) is a first-class solicitor who can be relied upon to do her very best for those she represents.

Useful links

 

 

 

The Quadrant, 5 Victoria Road, Sevenoaks, Kent, TN13 1YD.

JE Bennett Law is a Limited company incorporated in England and Wales (No.7875908), and is authorised and regulated by the Solicitors Regulation Authority (No.565975)