Personal Injury Trusts
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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Trust clients

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.

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
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
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
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 & 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
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.

Mark Hopper
Managing Associate
Mark Hopper is a Managing Associate in Rothera Bray’s Wills and Probate team and specialises in the administration of taxable estates and trusts, and the drafting of Wills involving the use of trusts.

Sally Jahangir
Managing Associate
Sally Jahangir is a Managing Associate in Rothera Bray’s Private Client team and is based at our Lace Market, Nottingham office.

Eleanor Robinson
Managing Associate
Eleanor Robinson is a Wills, Probate and Trusts specialist at and is based at our West Bridgford office.

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

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

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.

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

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

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

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

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.

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

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.

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Chartered Legal Executive
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Morgan Bramley
Trainee Solicitor
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Isabelle Cartwright
Trainee Solicitor
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Sabita Kandel
Trainee Solicitor
Sabita Kandel is a Trainee Solicitor in Rothera Bray’s Wills and Probate team and is based at our Beeston office.

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

Emma Seaton
Senior Paralegal
Emma Seaton is a Senior Paralegal in Rothera Bray’s Wills and Probate team and is based at our Mapperley office.

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

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

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.

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

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

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

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.

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

Hannah Walker
Paralegal
Hannah Walker is a Paralegal in Rothera Bray’s Wills and Probate team and is based at our West Bridgford office.

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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