Contentious trusts and probate

Hugh James

Hugh James has 'the depth and range of experience to take on complex or modest litigation for institutions and private individuals', running the gamut from Inheritance Act claims, through to complex proprietary estoppel claims. Team head Roman Kubiak is recognised as a 'titan in the world of contentious trusts and probate', combining as he does a 'first-class legal brain with charm' to ensure the best possible results for clients, mindful of the client's overall and objectives and the costs involved with endless and unnecessary litigation. As well as receiving direct individual instructions, Roman has also successfully cultivated strong relationships with financial institutions, charities and professional trustees, ensuring a tremendous variety and scope of work that spans Wales and England and also regularly has cross-border ramifications. Matthew Evans combines strong contentious and non-contentious smarts in his role as overarching private wealth head, ensuring that clients receive a very joined up and holistic service. Senior associate Sarah O'Grady has thrived since recently joining the firm from Clarke Willmott LLP and has been particularly effective in handling a range of trusts and probate disputes in the agricultural sector.

Legal 500 Editorial commentary

Testimonials

Collated independently by Legal 500 research team.

'For many years, the strongest contentious trusts and probate team in Wales. The team have the depth and range of experience to take on complex or modest litigation for institutions and private individuals.'
'They know the law and how to make it work to achieve the best possible result for the client.'
'They are very proactive, confident in their advice and very quick to respond. Their approach to disputes is commercial, sensible and realistic.'
'Roman Kubiak is dynamic, empathetic and effective.'
'Roman Kubiak is an undoubted leader in the field whilst marrying this with a personality that makes clients have 100% faith in what he says from the moment they meet.'
'Roman Kubiak - a titan in the world of contentious trusts and probate. A first class legal brain combined with charm and a good sense of humour.'

Key clients

Stephen and Gwen Hughes
Mr and Mrs G
Genealogist acting as administrator
Trustees of Will Trust

Work highlights

Acting for the defendants in a claim remitted to the High Court from the Court of Appeal to consider the issues of detriment and remedy in the context of proprietary estoppel. The claim related to farmland and promises made by the deceased to his son that he would inherit that land.
Represented a Genealogist acting as administrator in relation to court proceedings issued by an unrelated person in a claim brought against the estate. The claimant alleged that he owned a beneficial interest in six estate properties.
Acting for Mr and Mrs G on a last-minute instruction in relation to repossession proceedings of their family home by a mortgagee. The matter was complicated by the fact that the home is in the legal name of Mr G’s business partner who had recently passed away.