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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FeatureSevering a joint tenancy without notice
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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Predatory marriages and protecting the vulnerable
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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Award for success
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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The royal seal
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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No shopping around!
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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Rokkan a hard place
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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Guideline hourly rates again under the microscope
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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Uplifting hourly rates for Court of Protection assessments
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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Will-wrangling – exceptions not rules in Wrangle v Brunt
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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High Court awards claimant success fee in Inheritance Act claim
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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Wills in a time of social distancing and self-isolation
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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Scarle v Scarle: High Court upholds commorientes rule
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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Relief: when is it merited?
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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Undue influence: what is sufficient legal advice?
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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Strike and you’re out: contradictory probate claims
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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Probate update: misappropriate behaviour
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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Probate update: Put an estoppel to that
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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Payne in the probate: witness signatures and unauthorised withdrawals
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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Be reasonable: estate admin fees and financial provision for cohabitants
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.
