Claimants fall into three categories:

children;

capable adults; or

incapable adults.

In each category there will be different considerations over matters such as who settles the fund, who the trustees should be and who the beneficiaries should be. Probably the most difficult issues arise in cases concerning children.

The choice of trust will, to a degree, depend on the circumstances of the claimant, in particular whether he is a child or adult, and, if adult, whether or not he is mentally incapacitated.

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