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

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Accreditations

  • Top ranked in Legal 500 and Chambers
  • Members of ACTAPS (Association of Contentious Trust and Probate Specialists)
  • Members of STEP, the gold standard for private client lawyers
  • Charity Law Association members
  • Institute of Legacy Management members
  • Solicitors for the Elderly members
Partner died without a will (dying intestate)
 

We advised an elderly client whose long term partner appears to have died without leaving a will.

Without a will his considerable estate will be distributed in accordance with the statutory provisions and, as he and our client were never legally married, it will pass to distant family with whom he had little contact.

We advised our client to assert an equitable interest in the property based on her financial contributions over a period of time and also to bring a claim against the estate by virtue of the Inheritance (Provision for Family and Dependants) Act 1975.

Homemade DIY will issues
 

The team has recently concluded a case which involved a homemade will prepared by a testator whose assets were valued in excess of £1M and comprised of land and business assets.

Advice was required on behalf of the deceased’s infant children as to how the terms of the will would be interpreted and what steps should be taken to ensure that they received a fair proportion of the estate.

A court approved settlement was reached where the infant children would receive a sum in excess £500,000 to be placed on trust for them during their minorities.

Disputed dissolution of a trust
 

We have advised one of the trustees and potential beneficiaries on the disputed dissolution of a long established trust for a prominent landowning family.

The trust’s assets, including land and antiques were valued at over £4M. This involved advising on diverse and complicated issues including: breach of trust, land law including agricultural tenancies, capital gains, inheritance, income and corporation tax and succession law.

Such issues are relatively commonplace and, given the large amounts of complex and often contentious issues surrounding the dissolution of a trust, specialist, expert and dedicated advice is invariably required.

We advised an elderly client whose long term partner appears to have died without leaving a will.

Without a will his considerable estate will be distributed in accordance with the statutory provisions and, as he and our client were never legally married, it will pass to distant family with whom he had little contact.

We advised our client to assert an equitable interest in the property based on her financial contributions over a period of time and also to bring a claim against the estate by virtue of the Inheritance (Provision for Family and Dependants) Act 1975.

The team has recently concluded a case which involved a homemade will prepared by a testator whose assets were valued in excess of £1M and comprised of land and business assets.

Advice was required on behalf of the deceased’s infant children as to how the terms of the will would be interpreted and what steps should be taken to ensure that they received a fair proportion of the estate.

A court approved settlement was reached where the infant children would receive a sum in excess £500,000 to be placed on trust for them during their minorities.

We have advised one of the trustees and potential beneficiaries on the disputed dissolution of a long established trust for a prominent landowning family.

The trust’s assets, including land and antiques were valued at over £4M. This involved advising on diverse and complicated issues including: breach of trust, land law including agricultural tenancies, capital gains, inheritance, income and corporation tax and succession law.

Such issues are relatively commonplace and, given the large amounts of complex and often contentious issues surrounding the dissolution of a trust, specialist, expert and dedicated advice is invariably required.

Frequently Asked Questions

Do you offer free consultations?
 

Yes. We offer a free 20 minute telephone consultation.

Do you offer “no win, no fee” agreements?
 

In many cases we’re able to offer a range of flexible pricing options including “no win, no fee” agreements, fixed fees and deferred payment arrangements depending on each case.

Some cases may also be suitable for “After the Event” insurance funding which provide cover for the cost of disbursements such as court and expert fees as well as protecting you from any potential adverse costs order.

Contact us now to find out more.

Why Hugh James?
 

We're a top 100, full-service law firm with offices in England and Wales.  Our team of solicitors has over 50 years’ experience in contesting wills and defending will disputes and is top ranked by both Legal 500 and Chambers and Partners, the leading legal directories, with a number our solicitors being ranked as leading individuals. 

Our solicitors have also gained specific industry accreditations through STEP (formerly the Society of Trust and Estate Practitioners), ACTAPS (the Association of Contentious Trust and Probate Specialists) and Solicitors for the Elderly.

Quotes

The ‘very commercial and hardworking’ Roman Kubiak … has a strong reputation for cross-jurisdictional trust and estates disputes, where ‘he is more than a match for leading lawyers in London-based firms’.

The Legal 500

Quotes

Hugh James is ‘head and shoulders above the rest’ for contentious probate.

The Legal 500

Quotes

Arguably the best Welsh firm for contentious trusts and probate matters',

The Legal 500

Quotes

'A natural and dynamic leader', the 'very impressive' Roman Kubiak heads the firm's contested wills, trusts and estates team and is noted for his 'deep knowledge of estates and trusts law'.

The Legal 500

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