Personal Injury Trusts & Compensation Protection

If you have received compensation following a personal injury claim or through an insurance payout, it could affect your entitlement to certain means-tested state benefits, such as Income Support, Jobseeker’s Allowance, Employment and Support Allowance, and Housing Benefit.

A Personal Injury Trust can help protect your compensation by making sure it is not considered when your eligibility for benefits is assessed. It also provides a secure way to manage and protect your money for the future.

Need Advice About a Personal Injury Trust?

If you have received compensation and would like advice about protecting your future finances, contact our team today for clear, practical support tailored to your needs.


A Personal Injury Trust is simply a legal arrangement that holds compensation awarded after an accident or injury. The money is placed in a dedicated trust account and managed by appointed trustees for the benefit of the injured person, known as the beneficiary.

Trustees are responsible for managing the trust and approving any withdrawals from it. In most cases, the injured person will be one of the trustees, ensuring they remain involved in decisions about how the trust is managed. Other trustees are often family members, such as a spouse, partner, or parent, although professionals such as solicitors may also act as trustees, particularly where the compensation relates to a child or a person who would benefit from additional support in managing their finances.

If funds are needed from the trust, all trustees must agree before the money can be released. This provides additional protection and helps ensure the compensation is used in the beneficiary’s best interests.

Questions and answers about Personal Injury Trusts

What is a Personal Injury Trust?

What is a Personal Injury Trust?

A Personal Injury Trust is a legal instrument used to hold compensation awarded following an accident or injury. It helps protect compensation and may prevent it from affecting your entitlement to means-tested benefits.

Who can be a trustee?

Who can be a trustee?

Trustees are the people responsible for managing the trust managing the trust in the beneficiary’s best interests. This is usually the injured person together with trusted family members or friends. In some cases, a professional trustee, such as a solicitor, may also be appointed.

How many trustees do I need?

How many trustees do I need?

Most Personal Injury Trusts require at least two trustees, although three is often recommended for added security and flexibility.

Can I still access my compensation money?

Can I still access my compensation money?

Yes. The money still belongs to you as the beneficiary of the trust. Trustees simply help manage the funds and ensure they are used appropriately.

Do I need a solicitor to set up a Personal Injury Trust?

Do I need a solicitor to set up a Personal Injury Trust?

While it is possible to create a trust without legal advice, using a solicitor ensures the trust is set up correctly and tailored to your circumstances.

Taylor Emmet can help set up your Personal Injury Trust

Our experienced team can guide you through every stage of setting up a Personal Injury Trust, helping you protect your compensation and preserve your entitlement to benefits. We will:

  • Explain whether a Personal Injury Trust is right for your circumstances
  • Advise you on the most suitable type of trust arrangement
  • Prepare all legal documentation and set up the trust on your behalf
  • Help you appoint appropriate trustees
  • Help set up a Trust Bank account with a suitable banking provider
  • Work with your financial adviser or compensation solicitor where required
  • Provide ongoing support and guidance to trustees and beneficiaries

If you have received compensation and would like advice about protecting your future finances, contact our team today for clear, practical support tailored to your needs.

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Our wills and probate team helps you plan for the future, so you can do the best by your family should the worst happen. We have phone appointments available for those who need them.

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It's a sad reality that, unfortunately, around two-thirds of the population die intestate. This means if someone passes away without making a Will, they are said to have died intestate.

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With many rules and regulations to consider, inheritance tax can be complicated. But don’t worry, we’re experienced in dealing with various circumstances, so we’re best placed to advise you.

Frequently asked questions about Wills and Probate

What is a Will?

A Will is a document which allows you to decide how your money and property will be distributed after your death and who should deal with the administration of your estate. To be valid, it must be signed by you and witnessed by two people. The witnesses must see you sign the Will and then sign it themselves.

What if I don’t make a Will?

If you die without a valid Will the law will determine how your money and property is distributed. This will depend on many factors such as whether or not you are married or have children, and the value of your estate, but the result might not be what you want or expect.

How do I make a Will?

The best place to start is here at Taylor Emmet. In our Wills and Probate department we deal with all aspects of Wills, estate planning and administration, including tax advice and trusts. Some of our solicitors are also members of STEP; the Society of Trust and Estate Practitioners, which is the leading worldwide professional body in this field.

The process is usually quite straightforward and should only take a couple of weeks to complete. At an initial meeting with one of our specialists we will ask what you want to happen on your death and give advice on the best way to achieve what you want.

What is a Power of Attorney?

A Power of Attorney is the document you sign to appoint an attorney. There are many different types of Power of Attorney. The Power may be limited to certain property or certain actions, or it may give your attorney general authority to act on your behalf.

When most people think about Powers of Attorney they mean “Enduring Power of Attorney” (EPA) or “Lasting Power of Attorney” (LPA). These are special types of Power of Attorney which allow you to choose an attorney to make decisions for you if you cannot make them yourself due to mental incapacity.

What if I don’t make a Power of Attorney?

If you lose the ability to make decisions for yourself and have not completed either an EPA or an LPA the Court of Protection may appoint a Deputy for you to make those decisions – usually a close relative. A Deputy is like an attorney but can only do what the Court permits.

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