Child’s trust fund

Marie140807

I was in a car accident last year and I put a claim in for my daughter which claim has been excepted now it’s going to court to find out which trust fund it will be put into after such a difficult time last year I’ve decided to go on holiday and told my daughter she good have 500 out of money to take on holiday for spends and to buy a few clothes for holiday solicitor said I would have to attend court with my daughter and that they would proberbly release some of the funds today a different Solictor said whey would probably only reealise some for educational stuff my daughter is now upset that she will possible not get any early any advise please

xylophone

https://www.simpsonmillar.co.uk/services/personalinjury/child-injuries-compensation.aspx

What Happens To The Compensation Money?
Usually any compensation paid to a child will be invested in a Court approved fund until they reach the age of 18.

If a child has urgent care or medical needs their compensation money will still be invested in a special trust fund, however part of these funds can be released by the trustees when they are needed.

Above seems relevant - it would seem to come down to whether the court would agree that the clothes and holiday were an urgent need?

I suppose that if a child had been badly injured or traumatised and needed the holiday to rest and convalesce then an urgent medical need might be put forward - money just for a "jolly" might be regarded as a frivolous use of the trust fund?

Marie140807

It not just money for her jolly’s to have lost 3 close people and have family pet put down and a car crash on top in one year I think a holiday is well and truly needed

Reaper

You ask for advice but there is not much that can be given beyond xylophone's useful explanatory post.

The money is for her long term benefit so it was rash of you to promise her money that you do not have control over.

Your best bet is to tell the court this is a one-off sum to recover from and move on from the trauma of the year.

Whether the court accepts that is a matter of opinion hence why different solicitors are telling you different things.

Personally in my completely non-expert opinion I think you have a fair chance of success this time, but are unlikely to be able to manage it again in future.

xylophone

It not just money for her jolly!!!8217;s to have lost 3 close people and have family pet put down and a car crash on top in one year I think a holiday is well and truly needed

You will be able to put forward her case for the release of funds and see if the court will agree.

System

Or you just pay her the £500 and tell her its to be paid back out of the fund when shes 18. saves all the messing with courts

Marie140807

This is one off and now one knows full circumstsnce as I’m not giving it out on here you have heard enough we have had a really difficult time and this is are last holiday

Marie140807

I don’t know you you don’t know what we have been throu I’m asking for advice I’m not asking for a lot to be taken out

Alexland

From what little we know of your circumstances we can only suggest you ask the court to consider the release of some of the money to provide for the holiday. Next time we suggest you don't promise any of the money until you know that it will be available.

eskbanker

Marie140807 wrote: »

This is one off and now one knows full circumstsnce as I’m not giving it out on here you have heard enough we have had a really difficult time and this is are last holiday

Marie140807 wrote: »

I don’t know you you don’t know what we have been throu I’m asking for advice I’m not asking for a lot to be taken out

There's no need to be so touchy - people on here aren't judging or criticising you and are just trying to offer helpful and accurate advice, even if it may not be the news you're wanting to hear. Even though the comments may appear unsympathetic, they're simply being expressed from a neutral dispassionate perspective that is likely to mirror the way a court would perceive the situation, whereas you're obviously heavily personally involved and so will understandably see things differently. You also obviously know the full story whereas by your own admission, you've only posted sketchy details on here for people to base their advice on.

However, there's no escaping from the fact that a trust fund set up in such circumstances isn't like an accessible savings account, which is why people are warning that it may not be as straightforward as you'd wish to get hold of any of the money at this stage....

Mr_Costcutter

Marie140807 wrote: »

It not just money for her jolly’s to have lost 3 close people and have family pet put down and a car crash on top in one year I think a holiday is well and truly needed

So sorry to hear that this has happened to your family - what a terrible ordeal for you all. I'm sure that if you put your case to the relevant people, your situation will be treated in a compassionate way and funds many then be released. I hope the future treats you more kindly.