Roman Kubiak TEP
Partner, Head of Contested Wills, Trusts and Estates
Roman Kubiak is a Partner and head of the Contested Wills, Trusts and Estates Department at Hugh James. He joined Hugh James in 2012, having previously worked at a top 200 law firm, specialising in inheritance and trust disputes.
Roman advises individuals, high street banks, trust companies and professionals in relation to contested will, trust and estate disputes including:
- Inheritance (Provision for Family and Dependants) Act 1975 claims;
- contentious probate and estate administration disputes;
- trust disputes;
- equitable remedies including proprietary estoppel, resulting trust and constructive trust claims; and
- will disputes.
Roman has particular experience in relation to the following:
- Successfully acting for claimant in a claim brought under the following four heads:
- the Inheritance (Provision for Family and Dependants) Act 1975;
- proprietary estoppel and / or constructive trust;
- donatio mortis causa; and
- delivery up of items.
- Successful proprietary estoppel counterclaim relating to farmland following a four day trial.
- Advising major banks and building societies in relation to the following:
- break up of protective trusts;
- citations;
- will disputes;
- estate disputes; and
- trust disputes.
- Successful mediation of the following claims:
- will disputes;
- Inheritance (Provision for Family and Dependants) Act 1975 claims;
- proprietary estoppel claims; and
- resulting trust claims.
- Acting for clients regarding estates with foreign assets.
Roman also regularly provides seminars and training to solicitors on contentious probate issues.
Roman is a full member of the Association of Contentious Trust and Probate Specialists (ACTAPS) and the Society of Trust and Estate Practitioners (STEP) having successfully completed both diplomas and has also successfully passed the STEP Advanced Certificate in Trust Disputes qualification.
Expertise
- Inheritance (Provision for Family and Dependants) Act 1975 claims;
- contentious probate and estate administration disputes;
- trust disputes;
- equitable remedies including proprietary estoppel, resulting trust and constructive trust claims; and
- will disputes
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
- Head of Contested Wills, Trusts and Estates: 2017
Memberships
Publications
- “Spotlight: 72nd Update to the CPR and Inheritance Act 1975 claims”
- “Private eye: the pitfalls of moving into private client work”
- The Law Society Contentious probate case law update January 2016
- The Law Society Contentious probate case law update July 2016
Experience
- Successfully acting for claimant in a claim brought under the following four heads:- reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975;
– proprietary estoppel and / or constructive trust;
– donatio mortis causa; and
– delivery up of items. - Counterclaim by reason of proprietary estoppel to claim for possession of farmland. Matter proceeded to a 4 day trial at which we were successful The land was awarded to our client and we also obtained the majority of our costs.
The ‘very commercial and hardworking’ Roman Kubiak.
Legal 500 2017
‘he is more than a match for leading lawyers in London-based firms’.
Legal 500 2017
‘Very impressive’ senior associate Roman Kubiak ‘combines technical knowledge and tactical nous’ and is also recommended, in particular for multi-jurisdictional claims.
Legal 500, 2016
Roman has advised us on several cases over the past few years. His advice and help has always been excellent, with resulting success for our clients. His friendly and inclusive approach has always meant that a potentially highly charged situation between warring families has been mitigated to a very large extent.
Carolyn Whycer, Director, Inheritance Planning Company 2016
Matthew Evans (‘genuine specialist‘, ‘leaves no stone unturned’) and senior associate Roman Kubiak (‘a pleasure to deal with’) specialise in high-value agricultural business disputes and have cross-border experience.
The Legal 500 2015
“Roman Kubiak (ACTAPS) has ‘incredible attention to detail’”
The Legal 500 2014
I have to say that I am very pleased with the outcome of your negotiations – thank you very much
Anonymous
I feel you have been absolutely thorough with representing my case and I am confident that you are supporting me with your expert knowledge
Anonymous
You have done brilliantly and throughout this matter conducted yourself with dignity, common sense and moreover you have achieved your goal
Anonymous
I am very grateful for all guidance and advice received in an efficient manner at times that I found very frustrating! Had we depended upon the executors the end result would have been quite different
Anonymous
We wish to offer the highest possible compliment and thank to your very excellent lawyer Roman Kubiak who dealt with the case in a highly professional manner and was kind, understanding and personable
Anonymous
I thought you negotiated an excellent result for the clients
Nicklaus Thomas-Symonds, Barrister at Civitas Chambers
We would just like to thank Mr Roman Kubiak in particular… it was extremely encouraging to have a member of your firm go the extra mile
Chartered Accountant
With our sincere thanks and gratitude for all your hard work, professionalism and support over the past eighteen months. This has been an episode in our lives we will never forget but you have been truly remarkable
Mr John Howell
Education
- 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
- STEP Advanced Certificate in Cross-Border Estates – Distinction
Languages
- Basic conversational Polish
What do you love most about your job?
I am considered a bit of a ‘nerd’ when it comes to work and thrive on the variety and complexity of my cases. Whilst that may sound clichéd, I have always enjoyed problem-solving and adopting a pragmatic approach to my cases.
I also consider myself very lucky to work in a field of law where I get to help my clients both financially and emotionally on a daily basis.
What do you like to do outside work?
I struggle to sit still for 5 minutes so if I’m not annoying the neighbours with my guitar playing, or serving up yet another burnt version of a French classic, I like to get outdoors. There are some great mountain bike trails near my home so I tend to take the mountain bike for a blitz round there as often as I can. I also love snowboarding and playing squash although don’t do either nearly as much as I would like.
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