Roman Kubiak is a partner and head of the market leading Contested Wills, Trusts and Estates team.

Alongside continuing to run a core caseload of complex, high value and cross-border will, trust and estate disputes, 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.

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

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

He advises across the whole spectrum of private wealth disputes, 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.

Sector Experience

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.

Work History

Roman qualified as a solicitor into the Inheritance and Trust Disputes team of a leading UK 200 firm in 2008 before joining Hugh James as a solicitor in 2012, becoming Partner in 2016 and Head of the Private Wealth Disputes Department the following year.

Qualifications

• 2:1 Law with English (LLB)
• ACTAPS Diploma
• STEP Diploma
• STEP Advanced Certificate in Trust Disputes
• STEP Advanced Certificate in Cross-Border Estates

Additional Information

Reported cases:

• Thompson v. Raggett [2018] EWHC 688 (Ch)
• Rokkan v. Rokkan and Another [2021] EWHC 481 (Ch)
• E.S.L. v. J.H. [2021] IEHC 383
• Hughes v. Pritchard [2021] EWHC 1580 (Ch)
• Hughes v. Pritchard and Ors [2022] EWCA Civ 386
• Hughes v. Pritchard and others [2023] EWHC 1382 (Ch)
• Pegler v. McDonald [2022] EWHC 2069 (Ch)
• Pegler & Ors v. McDonald & Anor (Re Estate of Clive McDonald) [2022] EWHC 2405 (Ch)
• Lattimer v. Karamanoli [2023] EWHC 1524 (Ch)