Ian M. Hull
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

Avoiding Estate Litigation

(2) Comments | Posted April 20, 2017 | 12:57 PM

Estate litigation is often the result of pre-existing family tensions. Most families will experience some level of drama or conflict after the death of a family member. However, for some families, the death of a parent, sibling, or other close family member, can spark a dispute that results in...

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When To Consider The Option Of Alternate Dispute Resolution

(0) Comments | Posted April 4, 2017 | 10:11 AM

Not every legal dispute needs to be resolved in a courtroom, and not every solution is best reached by applying the rigidity of statutory remedies. Alternate Dispute Resolution (“ADR”) has been on the rise as one of the primary ways to bring a dispute to resolution. Rather than spending significant...

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Transferring The Family Cottage

(0) Comments | Posted March 14, 2017 | 11:14 AM

The family cottage should invoke memories of warm weather, sunshine, and happiness. Unfortunately, for some, estate battles or family fights surrounding the cottage can tarnish these positive memories upon the death of the owner of the property.

Family fights over the cottage property may be contentious, as cottages...

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Aspects Of Estate Law

(0) Comments | Posted February 9, 2017 | 7:06 AM

While estate law often functions as its own branch of law entirely, there are areas of law that may intersect with estate law and which are important considerations when creating, managing, or implementing estate plans or trusts. Some practice areas with which estate law may intersect include real...

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What Is A Fiduciary?

(1) Comments | Posted February 6, 2017 | 3:10 AM

“Fiduciary” is a slippery concept, often misused, that can confuse laypeople and lawyers alike. Fiduciary can refer to a person acting in a position of trust or a particular kind of obligation. Both fiduciary relationships and fiduciary obligations are based in trust. When someone acts as a fiduciary, he or...

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The Intersection Of Family Law And Estates

(0) Comments | Posted January 26, 2017 | 6:30 AM

There are two Ontario statutes to be considered in the family law context of estate administration. The first statute is the Succession Law Reform Act, and specifically Part V thereof, which governs the distribution of a deceased’s assets to a dependant when adequate provisions have not been made. The second...

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Estate Accounting Issues

(0) Comments | Posted December 22, 2016 | 1:29 PM

An Attorney’s Duty to Account

As the median age of Canadians gets older, the appointment of an attorney for property for the purpose of planning for incapacity is becoming increasingly important.  Most people know that it is important to consult a lawyer if they are appointed to be an executor...

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What You Need To Know About Disinheritance

(1) Comments | Posted December 13, 2016 | 1:34 PM

Disinheritance is defined in Black’s Law Dictionary as “the act by which the owner of an estate deprives a person of the right to inherit the same, who would otherwise be his heir.” As such, it can be extremely unsettling for a child to find out that they have been...

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The Rise Of Elder Law In Our Aging Society

(0) Comments | Posted November 28, 2016 | 12:05 PM

Canada, like many other countries, is experiencing a significant demographic shift. Our population is now the oldest it ever has been, with more people currently aged 65 and older than there are children under the age of 15. As with any significant demographic shift, this trend has significant implications for...

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What You Should Know About The Safe Keeping Of Wills

(1) Comments | Posted November 4, 2016 | 2:09 PM

A primary consideration in the estate planning process should be the safe keeping of original planning documents (such as a will or a power of attorney).

In Ontario, in order to obtain a grant of probate, the named estate trustee typically needs to provide the court with the original will,...

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A Lawyer's Take On Estate Planning In Your Second Marriage

(0) Comments | Posted October 7, 2016 | 2:12 PM

It is not uncommon for people to have more than one spouse or common-law partner in the course of their lives. Someone who is getting married for a second time, whether because of the death of a first spouse or following divorce, likely has an understanding of the legal implications...

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The Advantages And Disadvantages Of Probate

(0) Comments | Posted September 6, 2016 | 3:24 PM

If you consult a lawyer or financial advisor for assistance with respect to an estate plan, you are likely to encounter the terms "probate" and "probate fees," as well as a description of strategies to avoid "probate."  The word probate, while still very frequently used by lawyers, may confuse people...

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There Has Never Been A Better Time To Embrace Charitable Giving

(0) Comments | Posted August 22, 2016 | 2:52 PM

In 2013, Statistics Canada reported that 82 per cent of Canadians made financial donations to a charitable or non-profit organization, with the average Canadian contributing $531 annually.

However, Canadians aged 55 and older accounted for 47 per cent of the $12.8 billon given that year. Furthermore, the average...

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When Criminal And Estate Law Intersect

(0) Comments | Posted August 4, 2016 | 5:32 PM

Occasionally, criminal law and estate law intersect. That intersection was particularly shocking in the high-profile cases of Helmuth Buxbaum and Peter Demeter. Both were convicted of arranging the murder of their wives and both tried to collect on life insurance policies in their respective wife’s name. The court refused to...

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A Digital Estate Plan Defines Your Virtual Life After Death

(0) Comments | Posted July 22, 2016 | 3:19 PM

Computer technology and the Internet are relatively recent inventions when compared to traditional estate planning strategies. In the short time that they have been widely available, they have caused a fundamental shift in society and the way that information and assets are stored and accessed. For many people, their digital...

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There Are Measures You Can Take To Discourage A Will Challenge

(0) Comments | Posted June 13, 2016 | 4:16 PM

Will challenges can involve a great deal of time and expense, many times to the detriment of the estate. Often, the process begins with a disappointed beneficiary, who believes that the will of a deceased relative or friend is invalid. Unfortunately, the realities of litigation are such that many of...

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Handling Foreign-Based Estate Assets

(0) Comments | Posted May 16, 2016 | 10:56 AM

As more Canadians are choosing to spend greater time abroad, it has become increasingly common for estates to include foreign-based assets upon death. This shift may be, in part, the result of the rising popularity of maintaining secondary residences in warmer climates for a welcome alternative to our harsh Canadian...

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Modern Estate Planning Should Reflect A Changing Society

(1) Comments | Posted April 29, 2016 | 12:55 PM

In recent years, an aging population and the rise of non-traditional marriages have become issues that are increasingly relevant to estate planning considerations in Canada. As the landscape of our population and society shifts over time, it is important that estate planning methods and strategies are capable of adaptation to...

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Handling Estate Related Income Tax Returns

(0) Comments | Posted April 15, 2016 | 10:27 AM

When it comes to acting as executor of an estate, there is no shortage of responsibilities that should be carefully reviewed prior to accepting the role. One of the most fundamental duties is that all estate related income tax documents are filed and in good standing.

The executor has a...

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Start Your Estate Planning As Early As Possible

(0) Comments | Posted April 1, 2016 | 1:48 PM

When discussing estate planning, we often focus on the more complex details, such as how to reduce tax liability for your estate, or whether to make use of multiple wills. However, before moving on to these more complicated topics, it is vital to start from the beginning and consider...

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