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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FeatureWill-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.
- Feature
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.
- Feature
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.
- Analysis
Like buses: Thakare v Bhusate and out-of-time Inheritance Act claims
Roman Kubiak gives an update on Thakare v Bhusate [2020] EWHC 52 (Ch), where the High Court have allowed a widow’s application to issue a claim under the Inheritance Act 1975 – 26 years out of time.
- Analysis
Litigant in person loses claim to set aside mother’s will
Roman Kubiak comments on Barnaby and another v Johnson [2019] EWHC 3344 (Ch), where a litigant in person was unsuccessful in challenging her mother’s will.
- Analysis
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.
- Analysis
Court of Appeal overturns two main 2019 contentious probate cases
As summer turns to autumn, and the nights start ushering out the long daylight hours, so too has the Court of Appeal recently ushered out two of the most notable first instance decisions of the year. Roman Kubiak discusses the judgments in Lomax v Lomax and Cowan v Foreman.
- Analysis
Screaming out for a judge-led process – contentious probate update
Roman Kubiak comments on Lomax v Lomax [2019] EWHC 1267 (Fam), an Inheritance Act claim where the court refused to force parties to early neutral evaluation.
- Analysis
Probate update: disputed domicile and Inheritance Act claims
Roman Kubiak looks at Kohli v Proles [2019] EWHC 193 (Ch), where the court dismissed an application to appeal the finding of an England and Wales domicile in Inheritance Act claim.
- Analysis
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.
- Analysis
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.
- Analysis
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.
- Analysis
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.
- Analysis
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.
- Analysis
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.
- Analysis
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.
- Feature
Contentious probate update: Recovering trust property, establishing paternity, and testamentary capacity
This month, Roman Kubiak analyses Burnden Holdings v Fielding, Nield-Moir v Freeman and James v James.
- Feature
Reasonable financial provision to fraudulent calumny – contentious probate update
This month Roman Kubiak analyses two cases upholding well publicised first instance contentious probate decisions.
- News
Keeping wills shipshape and Bristol fashion
Roman Kubiak discusses the plight of mutual wills and will disputes following family rifts.
- News
Contentious probate update - 2017 (part 3)
With Inheritance Act claims and will disputes being the order of the day in the first few months of the year, trusts, anonymity and judicial discretion seem to be the flavour of the spring and summer months.
