Estate Share Court Application

The uncooperative beneficiary may not be entitled to statutory interest due to their actions causing the delay. Generally, interest is awarded to compensate beneficiaries for delayed payments, but if the delay is due to the beneficiary’s own behavior, courts might not grant interest.
Would you like more information on how to address this with the court?

To address the issue of statutory interest and the uncooperative behavior of the beneficiary with the court, follow these steps:
*. Prepare the Affidavit:
- Title: "Affidavit of [Your Full Name]"
- Introduction: State your name, address, and the purpose of the affidavit.
- Facts: Detail the estate, the beneficiary's uncooperative behavior, and how it has caused delays since *.
- Statement of Truth: Confirm the truth of your statements.
- Signature: Sign in the presence of a solicitor or Commissioner for Oaths.
*. Complete the Application Forms:
- N244 (Application Notice):
- Section *: Your name and address.
- Section *: Tick "Yes" if you need a hearing, otherwise tick "No."
- Section *: "Seeking permission to deny statutory interest to the beneficiary due to their uncooperative behavior."
- Section *: Explain the situation in detail, referencing your affidavit and stating that the delays were caused by the beneficiary’s actions.
- N349 (Requestfor Certificate):
- Section *: Your name and address.
- Section *: Details of the judgment, if applicable.
- Section *: "Requesting a certificate due to the uncooperative beneficiary."
*. Draft the Detailed Explanation:
- Reasoning:
- State that the beneficiary has been uncooperative and has caused delays since *.
- Explain that this behavior has prevented the timely administration of the estate.
- Argue that awarding statutory interest would be unjust under these circumstances.
- Supporting Evidence:
- Include any correspondence or documentation showing the beneficiary's refusal to cooperate.
- Attach a timeline of events highlighting the delays caused by the beneficiary.
*. Submit Supporting Documents:
- Affidavit: Attach the detailed affidavit.
- Correspondence: Include copies of any relevant communications with the beneficiary.
- Receipts/Invoices: Attach receipts and invoices for any costs incurred due to the delays.
*. File the Application:
- Submit the completed N244 and N349 forms along with the supporting documents to the court.
- Pay the required application fees.
Would you

A litigant in person can claim certain expenses related to preparing an application. These expenses can include:
- Court fees (e.g., application fees)
- Reasonable travel expenses to and from the court
- Costs of document copying and postage
- Reasonable loss of earnings
Assessment of these costs would generally require:
- Receipts and invoices for all expenses
- Evidence of income or loss of earnings
Would you like more specific details on claiming these expenses?

To claim expenses as a litigant in person, follow these steps:
- Court Fees: Include receipts for application fees, hearing fees, etc.
- Travel Expenses: Keep receipts for public transport or mileage logs for car travel.
- Document Costs: Save receipts for copying, printing, and postage.
- Loss of Earnings: Provide evidence of your usual income and any loss incurred due to court proceedings.
Would you need help with a specific type of expense?

A Litigant in Person does not need to complete a Precedent H form for their expenses, as Precedent H is typically used for detailed costs budgeting in larger cases. Instead, they can claim costs under CPR *.*. The current rate per hour they can claim is £*.
Would you like more details on how to submit these claims?

Sure, to submit claims for litigant in person expenses, follow these steps:
*. Document Your Expenses:
- Keep detailed records and receipts for all expenses incurred (e.g., court fees, travel, document copying, loss of earnings).
*. Prepare a Statement of Costs:
- List each expense and the amount claimed.
- Include the £* per hour rate for your time spent on the case.
*. Submit Your Claim:
- You can submit your statement of costs to the court, usually at the end of the case or when a costs order is being considered.
*. Use Form N260:
- While Precedent H is not required, Form N260 can be used to detail your costs.
Would you need assistance with filling out Form N260?

To assist with filling out Form N260, here are the key sections and details to include:
*. Case Details:
- Fill in the case title, court, claim number, and parties involved.
*. Summary of Work Done:
- Detail each task you completed, the time spent, and the date.
- Use the rate of £* per hour.
*. Disbursements:
- List all expenses such as court fees, travel expenses, document copying, and postage.
- Provide receipts for each expense.
*. Total:
- Calculate the total amount claimed for both time spent and disbursements.
Would you need a more detailed example for each section?

Sure, here is a detailed example for each section of Form N260: