All articles by Roman Kubiak – Page 2
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AnalysisScarle 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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AnalysisRelief: 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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AnalysisUndue 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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AnalysisStrike 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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AnalysisProbate 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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AnalysisProbate 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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AnalysisPayne 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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AnalysisBe 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.
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FeatureContentious 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.
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FeatureReasonable financial provision to fraudulent calumny – contentious probate update
This month Roman Kubiak analyses two cases upholding well publicised first instance contentious probate decisions.
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NewsKeeping wills shipshape and Bristol fashion
Roman Kubiak discusses the plight of mutual wills and will disputes following family rifts.
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NewsContentious 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.
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FeatureContentious Probate Update - 2017 (part 2)
Roman Kubiak takes a look at some of the biggest and most relevant cases for practitioners to hit the legal headlines since the start of 2017, with claims under the Inheritance (Provision for Family and Dependants) Act 1975 appearing particularly heavily.
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FeatureContentious probate update – 2017 (part 4)
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.
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FeatureContentious probate update 2017 (part 1)
Roman Kubiak takes a look at some of the biggest and most relevant cases for practitioners to hit the legal headlines since the start of 2017, with claims under the Inheritance (Provision for Family and Dependants) Act 1975 appearing particularly heavily.
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NewsContentious 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.
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FeatureContentious Probate Update - 2017 (part 2)
Roman Kubiak takes a look at some of the biggest and most relevant cases for practitioners to hit the legal headlines since the start of 2017, with claims under the Inheritance (Provision for Family and Dependants) Act 1975 appearing particularly heavily.
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FeatureContentious Probate Update - 2017 (part 1)
Roman Kubiak takes a look at some of the biggest and most relevant cases for practitioners to hit the legal headlines since the start of 2017, with claims under the Inheritance (Provision for Family and Dependants) Act 1975 appearing particularly heavily.
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Case studiesContentious Probate Update - December 2016 (Part 2)
Roman Kubiak rounds up significant probate cases in recent months, including solicitor facing prison sentence for ignoring court orders.
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AnalysisContentious Probate Update - December 2016 (Part 1)
Roman Kubiak rounds up significant probate cases in recent months, including the Supreme Court judgment which overrules the reliance-based approach on illegality in Tinsley v Milligan.
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