What is a Personal Injury Trust?

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.

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.

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Rothera Bray's Private Client Partner Jeremy Allen

Jeremy Allen

Partner & Head of Trusts and Court of Protection

Jeremy Allen is a Wills, Probate and Trusts specialist at Rothera Bray Solicitors and is based at our Lace Market offices in the heart of Nottingham City Centre.

Rothera Bray's Private Client Partner Russell Dalby

Russell Dalby

Partner

Russell is a Partner based at our Market Harborough office and specialises in all areas of Private Client work. He predominantly deals with probate administration and estate planning work – such as advising on Wills, Lasting Powers of Attorney and Inheritance Tax planning.

Ann Farnill, Senior Asspciate in our Wills and Probate department

Ann Farnill

Partner

Ann Farnill is a Partner in Rothera Bray’s Wills, Probate and Trusts department and is based at our Mapperley office. She specialises in Wills, Inheritance Tax planning, Powers of Attorney including acting for lay attorneys, Estate planning and administration.

Nelissa Hicks, Partner in Rothera Bray's Wills and Probate department

Nelissa Hicks

Partner

Nelissa is Partner at Rothera Bray with a demonstrated history of working in the legal services industry. Nelissa has over 20 years’ experience as a Wills, Probate, Tax and Trusts solicitor and is based at our Loughborough office. She is skilled in Inheritance Tax Planning and the Administration of Trusts and Estates.

Martin Witherspoon

Martin Witherspoon

Partner

Martin provides advice and assistance with regard to Wills, Powers of Attorney and administration of estates at our West Bridgford Office.

Kirsten Wood, Partner and Head of Private Client at Rothera Bray

Kirsten Wood

Partner & Head of Wills and Probate

Kirsten Wood leads the firm’s Wills and Probate department and is a partner with over 18 years’ experience specialising in will drafting, tax, trusts, estate administration and lasting powers of attorney.

Melissa Merry, Consultant in our Wills and Probate department

Melissa Merry

Consultant

Melissa Merry is a Consultant in our Wills and Probate department, with over 30 years of experience in private client work. Melissa is based at our Derby city centre branch.

Eleanor Robinson, Senior Associate Solicitor in our Wills and Probate department

Eleanor Robinson

Managing Associate

Eleanor Robinson is a Wills, Probate and Trusts specialist at and is based at our West Bridgford and Loughborough offices.

Sarah Soo, Private Client Managing Associate at Rothera Bray

Sarah Soo

Managing Associate

Sarah Soo is a Wills and Probate specialist at Rothera Bray Solicitors and has specialised in private client work since she began her career. Sarah is currently based at both our Beeston and Nottingham offices.

Amelia Carruthers is a Senior Associate at Rothera Bray Derby.

Amelia Carruthers

Senior Associate Solicitor

Amelia Carruthers is a Senior Associate at Rothera Bray’s Derby office and is experienced in drafting wills, lasting powers of attorney, administering estates and providing tax advice and planning.

Sandra Garvey

Sandra Garvey

Senior Associate

Sandra is a Senior Associate in our Wills & Probate department based at our Market Harborough office and has over 35 years in experience in dealing in all areas of Wills & Probate.

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Julie Graham

Senior Associate Solicitor

Julie is a Senior Associate Solicitor in our Wills and Probate department and is based at our West Bridgford Office.

Carly Harwood, Senior Associate Solicitor in Rothera Bray's Wills and Probate team

Carly Harwood

Senior Associate Solicitor

Carly Harwood is a Senior Associate Solicitor in Rothera Bray’s Wills and Probate department and is based at our Derby office.

Amy Goodwin, Associate Solicitor from Rothera Bray Derby

Amy Goodwin

Associate Solicitor

Amy Goodwin is an Associate in Rothera Bray’s Wills and Probate team and is based at our Derby office.

Sam Hardy, Associate in Rothera Bray's Wills, Probate and Trusts department

Sam Hardy

Associate

Sam is an Associate in Rothera Bray’s Wills, Probate and Trusts department, specialising in trusts and estates administration. He is based at our Market Harborough office.

Rebecca Lee

Rebecca Lee

Associate Solicitor

Rebecca is an Associate Solicitor in our Wills & Probate team based at our Leicester office.

Jasmin Marshall

Jasmin Marshall

Associate Solicitor

Jasmin Marshall is an Associate Solicitor in Rothera Bray’s Wills and Probate department and is based at our Mapperley office.

Rothera Bray's Private Client Executive Libby Birt

Libby Birt

Solicitor

Libby Birt is a Solicitor in Rothera Bray’s Wills and Probate department and is based at our Loughborough office.

Toby Byford

Toby Byford

Solicitor

Toby is a Solicitor in the firms specialist Trusts team. He is based at our Lace Market office.

Talita Fantauzzi, Private Client Solicitor at Rothera Bray

Talita Fantauzzi

Solicitor

Talita Fantauzzi is a Solicitor in Rothera Bray’s Wills and Probate department and is based at our Nottingham office.

Lacey Glover

Lacey Glover

Private Client Executive

Lacey Glover is a Private Client Executive in Rothera Bray’s Wills and Probate department. She is based at our Beeston office but can visit clients across the East Midlands.

Ed Granger

Ed Granger

Solicitor

Ed is a solicitor in the firm’s specialist trusts team. He is based at our Lace Market office.

Rebecca Holmes

Rebecca Holmes

Legal Executive

Rebecca is a Legal Executive in our Wills & Probate team. She is based at our Lace Market office.

Ria Makwana, Wills and Probate Solicitor at Rothera Bray

Ria Makwana

Solicitor

Ria Makwana is a Private Client Solicitor specialising in Wills, Trusts, Estate Planning and Administration, and is based at our Loughborough office.

Sallie Poultney

Sallie Poultney

Private Client Executive

Sallie is a Private Client Executive in the Private Client Department at our Market Harborough office. She advises clients on a range of private client services including Wills, Probate and Lasting Powers of Attorney.

Alison Richardson

Alison Richardson

Legal Executive

Alison Richardson is a member of the wills, trust & probate team based at our Mapperley branch.

Rebekah Royles

Rebekah Royles

Legal Executive

Rebekah Royles is a Legal Executive in Rothera Bray’s Wills and Probate department and is based at our office in Mapperley, Nottingham.

Amanda White, Private Client Executive in our Leicester Wills and Probate team

Amanda White

Private Client Executive

Amanda is a Private Client Executive in the Wills and Probate department at our Leicester office. She advises clients on a range of private client services and has been handling her own caseload since 2014.

Laura WIndsor, Chartered Legal Executive

Laura Windsor

Chartered Legal Executive

Laura Windsor is a Chartered Legal Executive in Rothera Bray’s Wills and Probate department and is based at our Beeston office.

Jack Cooper, Senior Wills and Probate Paralegal. based at Rothera Bray Loughborough

Jack Cooper

Senior Paralegal

Jack Cooper is a Senior Paralegal in Rothera Bray’s Wills and Probate department and is based in Loughborough, Leicestershire.

Anna Guy

Anna Guy

Senior Paralegal

Anna Guy has over 10 years’ experience of working in law firms, and 7 years’ experience of dealing with Wills and Probate matters.

Rochelle Hutton

Rochelle Hutton

Senior Paralegal

Rochelle works in the private client team at the Market Harborough office, having joined the firm in November 2024.

Hollie Moore

Hollie Moore

Senior Paralegal

Hollie Moore is a Senior Paralegal in Rothera Bray’s Wills and Probate department and is based at our Mapperley office.

Sarah Simpson

Sarah Simpson

Senior Paralegal

Sarah is a Senior Paralegal in our Wills & Probate department based at Market Harborough office.

Rothera Bray's Private Client Senior Paralegal Lisa Warren

Lisa Warren

Senior Paralegal

Lisa Warren is a Senior Paralegal in Rothera Bray’s Wills and Probate team and is based in Derby.

Beth Ashton

Beth Ashton

Paralegal

Beth Ashton is a Paralegal in Rothera Bray’s Wills and Probate department and is based at our Derby Office.

Morgan Bramley

Morgan Bramley

Paralegal

Morgan is a Paralegal in our Private Client department and is based at the Mapperley office.

Amy Emmerson, Paralegal at Rothers Bray in the Wills and Probate department

Amy Emmerson

Paralegal

Amy Emmerson is a Paralegal in Rothera Bray’s Wills and Probate team and is based at our Beeston office.

Brett James. Paralegal in Rothera Bray's Private Client Department

Brett James

Paralegal

Brett James is a Wills and Probate Paralegal at Rothera Bray Solicitors and is based at our Lace Market, Nottingham office.

Michelle Kingston

Michelle Kingston

Paralegal

Michelle Kingston is a Paralegal in Rothera Bray’s Wills and Probate department and is based at our Lace Market, Nottingham branch.

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Kathryn Lane

Paralegal

Kathryn Lane is a Paralegal in Rothera Bray’s Wills and Probate department and is based at our Loughborough office.  

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Elaine Langley

Paralegal

Elaine is a Paralegal in the Wills and Probate department based at the West Bridgford office

Morgan McGahan

Morgan McGahan

Paralegal

Morgan is a Paralegal in our Wills and Probate department and is based at our West Bridgford office.

Janet Prentice

Janet Prentice

Paralegal

Janet Prentice is a Paralegal in Rothera Bray’s Wills, Probate and Trusts department and is based at our Lace Market office in the heart of Nottingham city centre.

Photo to be added

Gill Subbarao

Paralegal

Gill Subbarao is a Paralegal in Rothera Bray’s Wills and Probate department and is based at our Mapperley office.

Georgia Weller

Georgia Weller

Paralegal

Georgia is a Paralegal in our Wills and Probate team. She is based at our Market Harborough office.

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