Roman Kubiak > Hugh James > Cardiff, United Kingdom > Lawyer Profile

Hugh James
Two Central Square
CARDIFF
CF10 1FS
United Kingdom
Roman Kubiak photo

Work Department

Contested Wills, Trusts and Estates

Position

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

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

Languages

Polish

Memberships

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

Leisure

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

Lawyer Rankings

Wales > Private client > Agriculture and estates

Drawing upon ‘genuine expertise and strength-in-depth’, Hugh James‘ multi-disciplinary practice advises landowners, farmers, public sector clients and developers across a range of private client and property work, in particular. Private wealth head Matthew Evans has considerable experience in the sector, including in the context of contentious probate and proprietary estoppel. Combining ‘charming charisma with a first-rate intellect’, Roman Kubiak is also a key team member, regularly handling private wealth disputes work for farming clients.

Wales > Private client > Contentious trusts and probate

(Leading individuals)

Roman KubiakHugh James

Recognised as ‘the pre-eminent estates and trusts dispute firm in the country’, Hugh James attracts work across England and Wales, from ordinary families to large institutions, charities and high-net-worth-individuals. Key to the firm’s success in the area is the expertise of ‘dynamic and effective litigator’ Roman Kubiak, who ‘combines a charming charisma with a first rate intellect’. Kubiak’s skill in the area is underscored by his involvement in numerous reported cases during 2022, including his involvement for the respondents in a Court of Appeal case dealing with testamentary capacity and proprietary estoppel. As part of his role as overarching head of the firm’s private wealth group, Matthew Evans also regularly handles matters with a contentious angle and has gained particular strength in relation to farming-related proprietary estoppel cases. The team was also bolstered by the arrival in October 2022 of senior associate Sarah O’Grady  from Clarke Willmott LLP, who ‘is very experienced in contentious probate and 1975 Act cases’.

Wales > Private client > Personal tax, trusts and probate

At Hugh James, the ‘empathetic and professional’ Matthew Evans spearheads the firm’s overarching private wealth group which has the strength-in-depth to advise individuals, financial institutions, charities and trust corporations across tremendous range and volume of contentious and non-contentious work. The ‘very accomplished’ Eleanor Evans heads up the firm’s trusts and estates administration offering, providing a ‘cost-effective and professional’ service to the firm’s impressive roster of financial institution and trust corporation clients. Senior associate Austin Gill  is also engaged in administration work, although his workflow is more aligned to individual clients (as opposed to fiduciary ones); he is particularly adept at ensuring IHT exemptions are properly applied and that death duty taxes are structured in an efficient manner. Led by the ‘incredibly commercial’ Gareth Wisdom, the firm has a traditionally strong reputation handling volume will writing for financial institution clients, while the arrival in September 2022 of Catrin Griffiths  from Wendy Hopkins Family Law Practice strengthens its capacity to provide a bespoke service to high-net-worth-individuals. For litigation, Roman Kubiak is a market-leading contentious probate practitioner, whose ‘charming charisma combined with a first rate intellect, and tough negotiation skills’ ensure that he is a formidable opponent both locally and nationally.

Wales > Private client > Charities and not-for-profit

As well as its traditional strength in the social housing space which elicits a considerable amount of property and employment work, in particular, Hugh James continues to pick up a growing number of charity legacy mandates, which is serviced by the firm’s market-leading private wealth offering. In this context, in addition to will drafting and the administration of estates involving sizeable charitable donations, the team is also noted for its disputes work, with leading contentious probate practitioner Roman Kubiak regularly engaged by both national and local charities on legacy protection. The team also regularly works alongside the firm’s core charities group, which is led from the London office by Peter Spencer. In summer 2023 the firm acquired Cardiff-based boutique Loosemores, which is known for providing ‘clear guidance and insight’ across a range of issues, including for clients seeking charitable status, as well as on governance and constitutional matters. Although her remit is broad, ‘proactive and responsive’ Rebecca McCarthy is particularly adept at advising clients in the sports and Christian church sectors; she recently acted for Welsh Sports Association on the structure, set-up and registration of a new charitable incorporated organisation, The Welsh Sports Foundation.