Ian M. Hull
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Ian M. Hull co-founded Hull & Hull LLP with his father, Rodney Hull, in 1998. Ian is a lecturer at the Ontario Bar Association and guest lecturer for the Canadian Bar Association and the Law Society of Upper Canada. Ian is also the author on numerous articles and has written four books on estate law issues. Ian has an LL.B. from the University of Windsor and an Honours B.A. from the University of Western Ontario. He was called to the Bar in 1990. He is a certified Specialist in Estates and Trusts and Civil Litigation, a Fellow of the American College of Trust and Estate Counsel and a member of the Society of Trust and Estate Practitioners. Ian is continuously the recipient of many awards, including Best Lawyers International, LawDay and Lexpert.

Entries by Ian M. Hull

Executor, Trustee, And Attorney Compensation

(0) Comments | Posted February 4, 2016 | 3:36 PM

When called upon to act as a personal representative, whether in the capacity of an attorney, executor, or trustee, the issue of compensation is often called into question. The work that is involved in administering an estate or the property of another can fluctuate widely, which can lead to disagreement...

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The Process Of Locating The Heirs Of An Estate

(1) Comments | Posted January 25, 2016 | 4:21 PM

As several of our previous entries address, the executor of an estate has many duties and obligations in the administration of a loved one’s estate. Among these duties, is the obligation to locate all heirs who are entitled to share in the assets of the estate of the deceased. Although...

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Income Tax Obligations and Accounting Requirements

(0) Comments | Posted January 8, 2016 | 9:53 AM

When taking on the role of estate trustee, there is no shortage of responsibilities and obligations. Along with other obligations described within our previous article, the fiduciary duties of an estate trustee include income tax and accounting requirements that must be met.

Under the Income Tax Act, the estate...

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The Roles And Responsibilities Of An Estate Executor

(0) Comments | Posted December 24, 2015 | 11:14 AM

Being named as the executor within an individual’s last will and testament is sometimes perceived as an honour. However, it is important to understand that acting as the executor of an estate comes with significant responsibility. There are arrangements that must be made and information that must be sought in...

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What To Consider When Choosing An Estate Trustee

(0) Comments | Posted December 14, 2015 | 11:33 AM

When creating or updating an estate plan, the significance of choosing the appropriate person or persons to act as estate trustee is often understated.  The individual who is ultimately selected will be charged with administering your estate upon your death and, as a result, it is crucial that he or...

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Why You Should Consider Planning Provisions For Your Pets

(0) Comments | Posted December 1, 2015 | 4:46 PM

Estate plans that include trust funds for the benefit of a testator’s pet are most frequently seen amid the rich and famous. Some examples include Leona Helmsley leaving a $12 million trust fund to her Maltese, or Oprah Winfrey’s dogs, who are rumoured to inherit $30 million. For...

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The Intersection Between Family And Estate Law

(0) Comments | Posted November 17, 2015 | 5:34 PM

With nearly half of all marriages ending in divorce, second marriages and blended families continue to become increasingly common.  As a result, estate lawyers are more frequently encountering complex family dynamics and legal issues that involve family law.

The overlap between family law and estate issues creates challenges for estate...

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The Advantages And Disadvantages Of Do-It-Yourself Will Kits

(1) Comments | Posted October 30, 2015 | 6:37 PM

Every year, thousands of consumers create their own wills, powers of attorney, and other estate planning documents using kits which are available either on the internet or in retail locations. With a more sophisticated population and increasing numbers of people on the internet, there has been a proliferation of products available...

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Things for Baby Boomers to Consider When Estate Planning

(0) Comments | Posted October 20, 2015 | 1:24 PM

As a large majority of baby boomers begin to approach retirement age, there are some important considerations that should be made with regard to estate planning. Many established an estate plan years ago, perhaps when their children were born or when they bought their first home. However, as we get...

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The Risks and Rewards of Using Multiple Wills

(1) Comments | Posted October 2, 2015 | 12:16 PM

People have always sought out new and innovative ways to reduce or avoid taxes. In estate planning, some of the more traditional methods have included designating a beneficiary directly in an insurance policy or naming a joint account holder with a right of survivorship. By removing  assets from the overall...

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Understanding the Gift of Joint Ownership

(0) Comments | Posted September 17, 2015 | 9:18 AM

One of the more commonly used estate planning tools to avoid or reduce Estate Administration Tax is joint ownership or a joint bank account. When two people own an asset jointly, and one owner dies, the remaining joint owner takes ownership of the entire asset by right of survivorship, thus...

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If You're in a Second Marriage, You May Need to Revisit Estate Planning

(0) Comments | Posted August 20, 2015 | 6:34 PM

Second marriages and blended families are quite common, given current trends.  This presents a unique set of issues when it comes to estate planning. Usually, a will-maker in a second marriage situation must attempt a delicate balancing act, wherein he or she tries to balance the demands of a new...

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What Happens When a Will Is Challenged? Part 2

(0) Comments | Posted July 7, 2015 | 3:41 PM

Bringing and defending will challenges is at the core of an estate litigation practice. As discussed in Part I of this series, will challenges are often founded upon a lack of testamentary capacity at the time the will was executed, undue influence on the testator, a lack of knowledge and...

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What Happens When a Will Is Challenged?

(2) Comments | Posted June 2, 2015 | 8:30 AM

With an aging Canadian population, will challenges are becoming increasingly common. Historically, we typically saw larger estates becoming the subject of such challenges. More and more, however, we are now seeing even modest estates becoming the subject of such challenges.

Essentially, the will challenge process involves a claim by an...

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Plan Ahead: When a Power of Attorney Is Challenged

(0) Comments | Posted May 9, 2015 | 10:34 AM

Part I of this series discussed the litigation steps and materials to be filed when dealing with power of attorney litigation. Part II now takes focus on the legal aspects surrounding this litigation.

Where a power of attorney is challenged, a person will often need to be appointed...

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Plan Ahead: Choose a Power of Attorney You Trust

(3) Comments | Posted April 21, 2015 | 7:13 PM

Who will make decisions for you in the event that you become unable to make decisions for yourself?

While not a subject most people like to think about, it is important for you to consider who you would choose to make financial and medical decisions on your behalf if, due...

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Picking the Right Estate Trustee Today Saves You Trouble Later

(0) Comments | Posted April 8, 2015 | 6:36 PM

Removing an estate trustee from office can be an onerous task.  It requires the involvement of a court, even if it is not contested.  This can be costly, time-consuming, and disruptive to the administration of an estate and to the beneficiaries. 

It is best to avoid this process altogether by...

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Why You Should Add Organ Donation to Your Estate Plan

(1) Comments | Posted March 23, 2015 | 12:58 AM

Money, heirlooms and other property are not the only items one leaves behind on death. Much time and attention is often spent during the estate planning process making arrangements for one’s burial and/or for the transfer of one’s assets. Overlooked all too often, however, are the most valuable gifts a...

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What's Next for Doctor-Assisted Suicide in Canada?

(5) Comments | Posted February 20, 2015 | 12:59 PM

On February 6, 2015, the Supreme Court of Canada released a landmark decision in the case of Carter v. Canada, wherein the Court unanimously struck down s. 241(b) of the Criminal Code, stating that “[t]he prohibition on physician-assisted dying infringes on the right to life, liberty and...

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How Lawyers Should Approach Issues of Mental Capacity

(0) Comments | Posted January 24, 2015 | 11:12 AM

Capacity can be an issue at any age but it is statistically most common in the elderly. Many of us decline in mental and physical ability as we age and capacity becomes more of a concern with older people. However, it is a well-known pillar of capacity law that practitioners...

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