Hugh James

Contested Wills, Trusts and Estates

Roman Kubiak is a partner and head of the contested wills, trusts and estates team.

Roman is responsible for formulating and implementing the department’s business strategy and day-to-day operations, in line with the firm’s overall strategy, alongside running a core caseload of complex, high value and cross-border will, trust and estate disputes.

He has been integral to the growth and development of the department and his initiatives have seen it gain recognition as a top-ranked department for this type of work in the UK’s leading legal directories.

Roman acts for high profile and high net worth individuals, financial institutions, professional trustees and executors and charities.

Roman also manages the relationships with a number of our key clients, partners, introducers and professionals in the industry.

He advises across the whole spectrum of private client litigation, with a particular focus on high value, complex and cross-border disputes including: trust disputes, breach of trust claims and applications to remove trustees; will disputes, particularly those with an international element; claims under the Inheritance (Provision for Family and Dependants) Act 1975; and claims for equitable relief under proprietary estoppel, constructive trusts and resulting trusts.

Roman has played a key role in developing the firm’s offering within the charities sector. He has experience of advising charity clients on contentious trust and probate matters including will disputes and claims for financial provision, construction claims and ex-gratia payment requests.

Roman has advised the partner of a high profile celebrity with an estate valued at £100m+ in relation to a claim under the Inheritance Act, and associated application to seek interim relief, and to prove a lost will.

He has also acted for the beneficiaries of a £120m Jersey-based trust with underlying companies in various jurisdictions, in claims for undue influence, breach of trust and to set aside transfers of overseas assets.

Roman secured a positive settlement for a spouse in claims under the Inheritance Act, to set aside a will by reason of lack of capacity, lack of knowledge and approval and undue influence and by reason of a constructive trust involving assets split across England, France, Switzerland, Austria and Jersey.

He has also acted for the claimant in a breach of trust claim valued at circa £2million in which the breaches span over 20 years.

Roman successfully represented a farmer in relation to a claim over land under proprietary estoppel all the way to trial.

Roman is a full member of STEP and ACTAPS, having successfully completed both diplomas. He is also a member of the Institute of Legacy Management and the Charity Law Association.

He holds the STEP Advanced Certificates in Trust Disputes and Cross-Border Estates, receiving a distinction for the latter.

Roman regularly comments on leading issues within the field of contested wills, trusts and estates. As well as providing seminars, webinars and legal updates to professionals, he authors a regular contentious probate update for the Law Society’s Private Client section.

He has been quoted in The Times, The Sunday Times, The Financial Times, CityAM, The Telegraph, This is Money and yourmoney.com and has also appeared on radio.

Career history

Trained: Martin Smalley & Co. Nottingham Moved to Withy King LLP on qualification as a solicitor into the Inheritance and Trust Disputes Department Joined Hugh James: 2012 Associate at Hugh James: 2013 Senior Associate at Hugh James: 2015 Partner: 2016

Polish

Association of Contentious Trust and Probate Specialists (ACTAPS) Society of Trust and Estate Practitioners (STEP)

Keele University – Law with English (Dual Honours) – 2:1 LLB (Hons) Nottingham Law School – LPC ACTAPS – Diploma (CTAPS) STEP – Diploma (TEP) STEP Advanced Certificate in Trust Disputes

Mountain biking, cooking, listening to music, guitar-playing.