Implementing Private Infant Settlement Trusts

By Richard Weiland & Valerie Dixon

Published in The Verdict, June 2009

Where an infant is awarded damages in a personal injury case, the manner in which the award is structured will often include a trust established for the benefit of the infant. In many cases, the funds are managed by the Public Guardian and Trustee (PGT), but it is not uncommon for the funds to be held by one or more private trustees. Where a private infant settlement trust is to be established, the terms of the trust must be carefully considered, as proper structuring of the trust is a crucial part of ensuring that the infant plaintiff will receive the maximum benefit possible, whether it be for future care, accommodation, education or other needs.

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