Personal injury bare trust—mentally incapable adult
Personal injury bare trust—mentally incapable adult

The following Private Client precedent provides comprehensive and up to date legal information covering:

  • Personal injury bare trust—mentally incapable adult
  • Background
  • 1 Definitions
  • 2 Transfer to the Trustees
  • 3 Absolute interest of the Beneficiary
  • 4 Power to apply income
  • 5 Death of the Beneficiary
  • 6 Administrative provisions
  • 7 Appointment and removal of trustees
  • The Schedule

This TRUST is made on [date]

Parties

  1. 1

    [name] of [address] acting by [name] of [address] (the Litigation Friend) and

  1. 2

    [name] of [address] and [name] of [address] (the Original Trustees)

Background

    1. (A)

      This Trust is called [insert name] (the Trust).

    1. (B)

      This Trust is established to receive the compensation payment in respect of a personal injury to [insert name] (the Beneficiary) who lacks capacity to manage [his OR her OR property and financial affairs under the Mental Capacity Act 2005.

    1. (C)

      Legal proceedings [under Claim Number [insert number]] were issued following the personal injury and the payment of compensation was ordered on [date to be completed once order is made].

    1. (D)

      The Court of Protection (the Court), pursuant to the Mental Capacity Act 2005, ordered on [date to be completed once order is made] that the compensation be placed upon the terms of this Trust and that the Litigation Friend be author

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