The death of a child is a profound and painful experience. It produces an intense grief greater than that experienced following the death of a spouse or parent, according to studies.

One recent family had to endure that unimaginable loss after their toddler suffered several serious ailments due to medical negligence.

Equity Trustees was appointed as the toddler’s financial manager to oversee their interim settlement. It was an extremely difficult time – the toddler’s complicated medical needs meant the parents were unable to work and their other children were unable to attend school.

“Equity Trustees was fortunate to be welcomed into the family home exercising all caution, conducting Covid tests, wearing masks, etc. to protect the toddler (our client),” says Equity Trustees National Manager Health and Personal Injury, Katrina Harper.

Unfortunately, mediation to finalise the insurance claim failed. Equity Trustees Compensation Trust team continued to work closely with the solicitors to obtain a further interim settlement.

“During this time, the toddler’s health further deteriorated and inevitably hospital admission was now required,” she says. “This caused great distress to all involved.”

However, Equity Trustees was able to approve and release additional expenditure to ensure the family was able to create more memories together by celebrating one last Christmas together.

“This meant the world to the family and further strengthened our relationship.”
While the insurance claim was ultimately approved, the toddler’s health continued to worsen.

“Towards the end of their life, Equity Trustees was invited by the family to say their final goodbyes at the hospital as we had become a part of their inner circle.”

When the toddler passed away, it legally ended Equity Trustees powers.

The Compensation Trust team were still able to ensure that the family’s rent was paid in advance and that all costs they accrued were paid. They continued to work closely with the family and their support team in the background, providing advice and helping them prepare for the next steps.

As the toddler didn’t have a will, it meant intestacy rules would legally determine how the financial assets managed by Equity Trustees would be distributed to beneficiaries. Equity Trustees referred the family to its Estates team for further advice.

“As part of the family’s inner circle, we continued to help the family navigate through the legal complexities and introduced our Estate’s team to them. Our Estate’s team is currently waiting for probate to be granted but provides continual updates to the family.”