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Personal Injury Trusts

Expert support to safeguard compensation for the future

If you have been awarded compensation as a result of a personal injury, then it might mean that you are no longer entitled to receive certain benefits such as Housing Benefit, Jobseekers Allowance or Income Support, both now and in the future. However, by putting your personal injury compensation into a Personal Injury Trust you might be able to keep receiving these benefits.

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A Personal Injury Trust ties up your personal injury compensation so it is held by trustees and kept separate from your personal finances

What is a Personal Injury Trust?

A Personal Injury Trust works by tying up the personal injury compensation so it is held by trustees and kept separate from your personal finances.

Under current rules if you have more than £6,000 in your bank account your benefits will reduce, and if you have more than £16,000 in your account you will no longer receive any benefits. However, if you put personal injury compensation into a Personal Injury Trust this will ring-fence it and prevent it from being taken into account when a local authority assesses your eligibility for means-tested benefits.

At Rothera Bray we can assist you with all aspects of setting up a Personal Injury Trust including drafting documentation, setting up a bank account for your trust, completing tax returns and preparing annual trust accounts. We would recommend setting up a Personal Injury Trust soon after you have received compensation for your personal injury and ideally within the first year of receiving compensation payments to ensure that it is not taken into account when you are assessed for benefits.

Why use Rothera Bray for Personal Injury Trusts?

We will discuss your situation with you in detail to ascertain whether a Personal Injury Trust is appropriate for you and can advise you on all aspects of creating and managing a trust.

We can help you set up a Personal Injury Trust as a parent, guardian or legal representative on behalf of a child or adult who lacks mental capacity who has been awarded personal injury compensation.

We can advise you on choosing trustees to manage your trust.

We can act as professional trustees.

We will work closely with you to advise you on how to best manage your funds and maximise your compensation.

We can also advise you on setting up a Personal Injury Trust to fund the costs of care from the local authority or protect your money if you go through divorce proceedings.

We can liaise with the benefits offices on your behalf to explain why your personal injury compensation is not to be taken into account when assessing your eligibility to receive means-tested benefits.

We can refer you to an independent financial advisor who can discuss arrangements with you and your trustees.

We’re upfront about costs – so there’s no hidden surprises.
Kirsten Wood, Head of Wills, Probate and Trusts at Rothera Bray

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October 9, 2026
From first contact with Amy, paralegal, through to the two meetings with Azeem everything was clear, helpful, friendly and they made what can seem a difficult subject (making wills) into something really quite easy. They provided additional helpful documents and advice moving forward which was much appreciated.
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I wish to express my heartfelt thanks & appreciation to Nelissa & her team at Rothera Bray solicitors in helping us with our legal affairs following my wife’s diagnosis with cancer. Nelissa’s patience & empathy during this difficult time were exemplary giving us space & direction to develop our ideas. She explained legal concepts & ideas with great clarity & demonstrated considerable professional skill in creating sophisticated solutions to meet our needs. Nelissa went out of her way to meet us at our convenience when & where we wanted & was very efficient at turning around documentation.
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I was updating my Will after twenty years and received professional, friendly and prompt service from Azeem and his paralegal Amy. It was a fairly straightforward will but Azeem was understanding when I kept making sure that the contents were what I wanted with as many obvious bases covered as possible. Everything was explained to in plain English at every stage. Great service, thank you.
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We have used Rothera Bray for several different will and probate matters over the last few years. Nelissa Hicks has been outstanding. Excellent communication at all stages. Prompt and efficient replies to all our numerous queries. She has also been very helpful on providing guidance to help us with our future plans. We would highly recommend the company and will not go anywhere else in the future. Thankyou Nelissa. 5 stars.
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September 23, 2026
Rothera Bray have just finalised the estate of my late dear mother. Ed Granger has provided a compassionate, efficient and speedy service throughout. He has explained the process at every stage, using easy to understand language without ever being patronising which has made such an emotionally difficult time easier to cope with. I would certainly recommend.
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September 22, 2026
Experts, friendly, understandable, great service! I went to the Loughborough office and saw Nelissa Hicks. She was clear, concise and helpful with my will...I would recommend her to anyone.
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September 10, 2026
We used Ed Granger to sort out our late fathers probate and to tie up some very confusing loose ends with our late mothers probate. Ed was absolutely fantastic at every stage. He always explained things in a way we could understand and he always got back to us regarding any queries we had within a few hours. He sent us regular updates so we always knew what was going on. He managed to finalise a really complicated situation with our mothers probate and a Trust which we had been unable to resolve through another legal company. Ed was professional but also very understanding and compassionate which made all the difference through a long and very emotional process. We would definitely use Ed again and would highly recommend him. Rothera Bray are very lucky to have him Thank you Ed!
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I’d like to put on record my personal thanks (and from mum as well) on how professional you have been throughout the whole process. You’ve been an outstanding ambassador for Rothera Bray in what has been an incredibly stressful and difficult time. You’ve remained calm, professional, fair, but more than anything clearly had mums best interests at heart which is all I could ask for. Wherever life takes you I’ve no doubt you’ll be a fantastic success. Keep up the wonderful work and thank you again.
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August 11, 2026
Excellent service with the drawing up of our will. Talita Fantauzzi was a great help, simply explaining the whole process and our options. Made a daunting task a simple and pleasurable experience.
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I wouldn’t hesitate to recommend Nelissa at Rothera Bray in Loughborough. She has the ability to make complicated issues understandable, to enable you to consider options and reach a decision (we were completing our wills and updating a Deed of Trust). Additionally Nelissa is very thorough, approachable and efficient, producing our documents within days. Nelissa feels like ‘a safe pair of hands’ .
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