Roman Kubiak

Roman Kubiak

Roman Kubiak is a partner and head of the contested wills, trusts and estates team at Hugh James. He acts for individuals, banks and financial institutions, trust companies, professionals and charities. 

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    Feature

    Severing a joint tenancy without notice

    2022-04-04T13:17:00

    Roman Kubiak discusses the recent decision of Dunbabin v. Dunbabin [2022] EWHC 241(Ch), in which the court found that a joint tenancy had been severed despite the absence of a notice.

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    Feature

    Predatory marriages and protecting the vulnerable

    2022-02-01T16:26:00

    Roman Kubiak looks at the recent Court of Protection decision in Re BU [2021] EWCOP54, an application brought by BU’s family in an effort to protect a vulnerable person from contacting a man who they feared would force her to marry him.

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    Feature

    Award for success

    2021-11-10T14:23:00

    Roman Kubiak discusses recent judgments where success fees have been awarded to a claimant under the Inheritance (Provision for Family and Dependants) Act 1975, and how “moral claims” to estates are evidenced.

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    Feature

    The royal seal

    2021-09-22T16:17:00

    Following the news that Prince Philip’s will is to be sealed from the public for 90 years, Roman Kubiak looks at the legal mechanisms behind this and queries whether wills should be made public at all.

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    Feature

    Workshop: Contentious probate

    2021-09-21T00:00:00

    Roman Kubiak rounds up his workshop on contentious probate

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    Feature

    No shopping around!

    2021-06-16T11:11:00

    Roman Kubiak and Oliver Rees discuss their recent case in which an Irish executor was ordered to transfer assets from the deceased’s Irish estate to an English executor to settle debts in England and to avoid “forum shopping”.

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    Feature

    Rokkan a hard place

    2021-04-20T15:01:00

    Roman Kubiak discusses an interesting probate case in which the surviving spouse circumvented Norwegian succession rules after acquiring Anglo-Welsh domicile.

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    Feature

    Guideline hourly rates again under the microscope

    2021-01-12T14:09:00

    Roman Kubiak looks at the recent decision in Cohen v Fine and others [2020] EWHC 3278 (Ch), an appeal from a first-instance decision in which the High Court proposed an increase to the guideline hourly rates.

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    Feature

    Uplifting hourly rates for Court of Protection assessments

    2020-10-30T12:05:00

    Roman Kubiak looks at the recent decision in the linked cases of PLK & Ors, in which the Senior Courts Costs Office assessed the costs in four cases at 20% above the guideline hourly rates.

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    Feature

    Will-wrangling – exceptions not rules in Wrangle v Brunt

    2020-09-18T10:15:00

    Roman Kubiak looks at a recent High Court decision which approved the validity of a will signed, at the testator’s direction, by his attorney – and which ordered the deceased’s estate to pay the costs for both parties.

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    Feature

    High Court awards claimant success fee in Inheritance Act claim

    2020-06-18T11:19:00

    Roman Kubiak looks at a claim under the Inheritance (Provision for Family and Dependants) Act 1975 (Inheritance Act) where the sum awarded by given by the court included a payment towards the claimant’s success fee.

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    Feature

    Wills in a time of social distancing and self-isolation

    2020-04-03T10:12:00

    Social distancing and self-isolation, coupled with the sudden increase in demand for wills and lasting powers of attorney (LPAs), are presenting unique challenges for private client practitioners. Lesley King and Roman Kubiak consider how to tackle these issues – at a safe distance.

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    Analysis

    Scarle v Scarle: High Court upholds commorientes rule

    2019-10-10T11:02:00

    Roman Kubiak and Oliver Black take a closer look at Scarle v Scarle, in which it was unclear which of a couple had died first and where the High Court recently upheld the commorientes rule.

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    Analysis

    Relief: when is it merited?

    2019-03-14T10:27:00

    Roman Kubiak comments on an assisted suicide case where a widow was granted relief against the forfeiture rule, and a case in which another widow was refused relief to bring a claim for financial provision out of time.

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    Analysis

    Undue influence: what is sufficient legal advice?

    2019-01-15T10:44:00

    Roman Kubiak considers two contentious probate cases: an attorney’s application to be appointed as substitute personal representative in place of a donor; and a property transfer set aside for presumed undue influence.

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    Analysis

    Strike and you’re out: contradictory probate claims

    2018-10-19T16:14:00

    Roman Kubiak breaks down the complex case of Bhusate v Patel & Ors [2018] EWHC 2362 (Ch), in which the claimant suffered a heavy defeat after pleading contradictory alternative claims.

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    Analysis

    Probate update: misappropriate behaviour

    2018-09-07T10:05:00

    Roman Kubiak discusses some more of the headline legal cases from last few months, including the misappropriation of a vulnerable person’s assets.

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    Analysis

    Probate update: Put an estoppel to that

    2018-08-29T10:11:00

    Despite the summer break, it seems that the contentious trusts and probate world is as busy as ever. Roman Kubiak discusses some of the main cases to hit the legal headlines over the past few months.

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    Analysis

    Payne in the probate: witness signatures and unauthorised withdrawals

    2018-06-13T16:29:00

    This month Roman Kubiak looks at an appeal where a will was upheld despite lacking witness signatures and a case where an attorney has been ordered to account for unauthorised payments from their father’s estate.

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    Analysis

    Be reasonable: estate admin fees and financial provision for cohabitants

    2018-04-12T16:18:00

    This month, Roman Kubiak looks at a case where beneficiaries of an estate challenged the reasonableness of fees incurred by executors in instructing two different firms, and a recent claim by an elderly cohabitee for reasonable financial provision who was awarded an outright transfer of property and capital lump sum.

More by Roman Kubiak