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Key definition
Personal injury definition

What does Personal injury mean? Personal injury describes harm to a person’s body or mind, as opposed to damage to property or pure economic loss. In practice it underpins civil claims in tort/delict, including negligence, occupiers’ liability, employers’ liability, product liability, road traffic accidents and clinical negligence. Across England & Wales, Scotland, Northern Ireland and Ireland, legislation (notably limitation statutes and, in Ireland, Personal Injuries Assessment Board legislation) commonly defines personal injuries to include disease and any impairment of a person’s physical or mental condition. Recognised heads therefore cover physical injury, industrial disease and psychiatric injury. Fatal injury claims are related but procedurally distinct. Key legal features...

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Personal injury trusts in Scotland: set-up, trusteeship, benefits and care disregards, tax, periodical payments and key practice points, with update on the Trusts and Succession (Scotland) Act 2024.

Practice notes
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FORTHCOMING CHANGE :

The Trusts and Succession (Scotland) Act 2024 obtained Royal Assent on 30 January 2024, representing the first substantive review of trusts law in Scotland in more than a century since the principal statute, the Trusts (Scotland) Act 1921, was enacted. The trusts provisions will commence only once Scottish Ministers make the required secondary legislation, whereas some succession measures took effect on 30 April 2024. The core updates designed to modernise the law are set out in News Analysis: Trusts and Succession (Scotland) Bill passed. Practice Notes covering Scottish trusts and succession will be further revised to reflect this new legislation.

What is a Personal injury (‘PI’) trust?

A PI trust is:

  • any type of lawful trust arrangement
  • that ring-fences sums paid as a result of personal injury to the injured individual
  • for the injured person’s benefit

A PI trust is characterised by the source of the trust assets and the Beneficiary. Accordingly, a trust that holds payments arising from a Fatal injury for the dependants of a deceased injured person does not fall within the scope of a PI trust...

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Pete Murrin
Pete Murrin

Pete advises clients on estate and succession planning, the formation and administration of trusts, taxation of trusts and estates, personal and commercial succession of family businesses, the preparation of Wills, adults with incapacity, and international inheritance and succession matters for high-net-worth clients. He has particular expertise in dealing with contentious trust, estate (testate and intestate) and pension death benefits matters for individual and business clients. Pete also has considerable experience in the field of Trust formation and administration generally and Personal Injury Trusts specifically.He is a member of the Society of Trust and the Estate Practitioners and accredited by the Law Society of Scotland as a specialist in Trusts Law and Private Client Tax, and by the Society of Trust and Estate Practitioners as a TEP. ...

Web page updated on 22/05/2026

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