Personal Injury Trust and Solicitors

Mumum

Hello
I have a small amount from a medical negligence case which needs to be put into a Trust. The solicitor who dealt with my claim passed my details onto a personal Injury trust solicitor within her firm. This solicitor left me a voice message and emailed me before I responded asking various questions so that a number of emails were exchanged.

I have since learned that said solicitor will be charging me for the email exchanges should I go ahead with the trust. I am hopping mad as he contacted me and our emails were more preliminary investigation to see if and what type of trust would work for me.

There’s no way I’m paying his silly fees for enquiring emails when it was he who contacted me first and he didn’t notify me he was charging. I’m now hoping to go with a different trust solicitor outside of the firm to avoid his charges (he said there would be no charges if I did not go ahead). My question therefore is would my solicitor charge to send my trust money to a different firm? I’m trying to keep costs down as it’s only a small amount and these solicitors seem to sneak in expenses everywhere. I daren’t even ask my solicitor as I’ll probably be charged for that as they’re still working out their expenses. I’d heard about solicitors being greedy but I’m shocked and saddened at just how greedy.

Thanks!

Keep_pedalling

If this is a small amount, do you really need any solicitors, and does it really need to go into trust?

xylophone

If this is a small amount, do you really need any solicitors, and does it really need to go into trust?

Other posts from the OP indicate that she is in receipt of other benefits - it may be that even a relatively small amount of capital could affect the benefits received?

Mumum

Exactly Xylophone! I am in receipt of esa, among other benefits and would lose my eligibility. The only way around this is to put the money into a Trust. I will be using two friends as Trustees to keep expenses down. I had hoped to put the money into a trust for my child’s future but the negligence was against me so it has to go in my name. The NHS allowed by cancer to spread by not sending me for a mammogram, they didn’t admit liability but settled on a cost basis at £42500. This was on a no-win no-fee basis however so I expect I shall end up with relatively little. I want to keep it for my child’s future.

Anyway, that’s the background of the situation. Does anyone know if I’ll be charged to transfer the money to a different solicitor when setting up the trust? Oh I would love to set it up myself (save £750 plus VAT plus whatever other costs they sneak in for a phone call here, an email there!). I’ve been advised to use a solicitor as it’s imperative that the wording is just right to keep the benefits happy. Otherwise, if I came off the benefits (I couldn’t manage full-time work due to my health and looking after autistic child) the money would go in no time and I would have not in effect have been compensated at all.

Mumum

Can anyone help please?

Chino

Mumum wrote: »

My question therefore is would my solicitor charge to send my trust money to a different firm?

From what you've said about these solicitors, it would seem that yes, they would. However, are you sure that the money is being held by your solicitors? Has the NHS paid out the money yet?

Your post is ambiguous; you refer to "my trust money", suggesting that the money is already being held in trust (with your current solicitors as trustees?) yet you say "should I go ahead with the trust", suggesting that a trust has not been established.

Mumum

Thanks for the reply Chino and apologies for the confusion. The NHS paid the compensation in April this year and I am still waiting for my solicitor to take out her (and other) expenses to see how much I will get. I have a year from April to set up the trust before it is counted as my capital, for benefit purposes. I refer to it as my trust money because that’s what it’s ear marked for but it’s currently still with the solicitor. I read that it could go in my bank account and still not be viewed as capital until the year is up so I doubt my solicitor would or could charge just to pay it directly to me. I need to find out more though but if true I could have it before paying it to another solicitor to set up the trust. Thanks again.

Mumum

Ps. The solicitors are not and will not be Trustees. They charge £750 plus VAT per year for running costs plus their £275 plus VAT per hour for their time on top. There’d be nothing left. Two friends will be Trustees.

xylophone

I don't quite see why this money needs to be moved to a different solicitor.

In essence what you need is a Trust Deed drawn up by a solicitor as in example below?

The Trustees then open a bank account to which the money can be transferred.

The Trustees disburse funds as required.

https://www.markthompsonlaw.com/need-a-personal-injury-trust/personal-injury-trust-to-protect-personal-injury-compensation/

It seems that you will need to pay your current solicitors for the work done but you do not have to use them to draw up the Trust Deed.

Presumably you will get your Deed drawn up, the Trustees will open the bank account and they/you will ask the solicitor to transfer the funds to that account?

Mumum

Great reply, thanks Xylophone. I had somehow managed to get myself confused but you are correct as I have since found out, that is exactly how it will work. Funnily enough I had found that website you provided the link to after posting and it is an excellent site, I am planning on ringing this solicitor on Monday as he offers a set fee, which is very competitive, and having done a bit of research on him, he really knows his stuff. Thanks for clearly outlining how the next few steps would work, it’s very helpful.

Amandapac2

For mumum: hiya, hope you don’t mind me asking but how did u get on with solicitor quoted above? I have had a short chat with him and he’s sent me the email explaining how it all works etc. I would love to hear how you got on with him too? Thanks ��