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

What Happens When You Disinherit Someone From Your Will

(2) Comments | Posted April 9, 2014 | 12:47 PM

For testators who have been actively involved in the dynamics of their own family for decades, disinheritance might be an easy decision. For estate planners, however, disinheritance is a difficult issue to deal with that must be addressed adequately or can leave an estate plan open to challenge after the...

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Estate Planning: Advice for Those in Second Marriages

(0) Comments | Posted March 4, 2014 | 3:44 PM

In our most recent blog entry, we discussed the issue of second (or later) marriages from the perspective of clients who are seeking assistance in formulating an estate plan. We now move on to consider this issue from the perspective of lawyers who may be called upon by...

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Estate Planning After Your Second Marriage

(0) Comments | Posted February 20, 2014 | 2:39 PM

In the past three decades, the proportion of divorced Canadian adults has more than doubled. One consequence of the increasing divorce rate is that more individuals are entering into a subsequent marriage, after beginning a family with a previous spouse.

For estate planning, second marriages represent a challenge....

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Estate Planning: Hold on to the Original Will

(0) Comments | Posted February 4, 2014 | 2:34 PM

When setting up an estate plan, it is essential that a drafting solicitor takes the time to work through family dynamics and related challenges to prepare a comprehensive and sound estate plan for the family. The next step of executing the will leads to the question of what should then...

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"Someday" Isn't Soon Enough When It Comes to Estate Planning

(0) Comments | Posted January 24, 2014 | 11:23 AM

Our last blog featured a discussion of The Family War by Jordan Atin, Les Kotzer and Barry Fish, a great resource for determining matters that warrant careful consideration by estate planners.

There are certain warning signs that can become apparent during the creation of an estate plan, which...

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How Making a Will Can Save Your Family From Fighting

(0) Comments | Posted January 8, 2014 | 10:33 AM

Family dysfunction is a universal phenomenon. Many families are host to their quirks and strained relationships to begin with. In the event of a family death, however, dysfunction that has remained dormant for many years can emerge and give rise to serious disputes that end in litigation and the disintegration...

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How Your Estate Trustee Affects Your Will

(0) Comments | Posted December 20, 2013 | 2:24 PM

A will speaks from the date of death. Typically, once an individual dies, the document is valid on the face of it, and the authority of an estate trustee spontaneously arises at that point in time. However, circumstances may exist in which a will needs to be validated before an...

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Estate Planning: Finding Heirs of the Deceased

(2) Comments | Posted December 4, 2013 | 11:44 AM

After an estate trustee has had an opportunity to locate the testator's final will, he or she must locate all heirs of the deceased. An estate trustee has a duty to locate the beneficiaries of an estate and to inform them of their entitlement pursuant to the deceased's will or...

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The Tax Burden of Estate Planning

(0) Comments | Posted November 19, 2013 | 11:19 AM

In our most recent blog entry, we discussed the role of an estate trustee in determining the assets and liabilities of the estate. An important next step in the administration is to satisfy the tax burden of the estate, while ensuring compliance with the ongoing duty to account....

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If You're Going to Hide Your Assets, Leave a Map

(0) Comments | Posted November 6, 2013 | 4:15 PM

An estate trustee will usually be expected to begin looking into the nature of the estate immediately after funeral arrangements have been made and carried out. An early challenge for anyone acting as an estate trustee is to locate all of the information regarding the assets and liabilities of the...

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How To Tell If You've Picked the Right Executor For Your Will

(4) Comments | Posted October 28, 2013 | 4:36 PM

For many Canadians, being chosen to act as an executor is an "honour". However, many of us are unaware of the sometimes complex and challenging role that this can be.

Executors are entrusted with the responsibility of administering the estate and carrying out the wishes of the testator as...

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Canadians Are Generous, But Where to Give Your Money?

(0) Comments | Posted October 9, 2013 | 4:42 PM

Figures reported by Statistics Canada suggest that our citizens are among the world's most generous. Canadians have been donating approximately eight-billion dollars or more every year since 2007, with 84 per cent of all Canadians over the age of 15 making contributions to a charity or non-profit organization....

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How Crime Affects Estate Planning

(0) Comments | Posted September 26, 2013 | 8:40 AM

Crime doesn't pay -- at least, it shouldn't. Thankfully, for the most heinous and clear instances of criminal activity, crime does not pay. However, Canada has yet to establish laws that reflect contemporary societal values and clarify circumstances which may give rise to the disinheritance of convicted felons from the...

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Your Estate Planning Should Include Pets

(0) Comments | Posted September 17, 2013 | 12:26 PM

When planning your estate, it is of great importance that you ensure that all of your assets have been considered, especially when making specific provisions for the passing of individual portions of your estate. It is also essential to consider those close to you, whether they be human or not....

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Make a Plan for Your Digital Estate, Too

(0) Comments | Posted August 27, 2013 | 5:41 PM

With the recent integration of the digital world into daily life, the consideration of digital assets in estate planning is becoming increasingly important. Individuals are now leaving behind a multitude of digital content when they die, including information stored within social media profiles, emails, blogs, and media files, that can...

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Financial Abuse of Seniors Is on the Rise in Canada

(2) Comments | Posted August 13, 2013 | 5:23 PM

In response to the global demographic shift towards a rapidly aging population, governments and professional service providers have modified their methodologies and approaches for providing services to the growing segment of senior citizens in the Western World. As of 2011, over five-million Canadian citizens were over the age...

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Avoiding Conflict Over a Family Will

(0) Comments | Posted July 30, 2013 | 6:03 PM

In preparing a last Will and Testament, the hope is to craft a document that is iron clad, unfaltering and impervious to attack. A will is, after all, our last "kick at the can": it is the final vestige of our wishes, and, by definition, we are not there to...

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Contesting the Will: Why Are Inheritance Disputes on the Rise?

(2) Comments | Posted July 24, 2013 | 5:00 PM

The importance to a client of estate planning and properly drafted testamentary documents cannot be overstated. However, mistakes can be made -- we are all human after all, and the intricacies of an individual's final wishes can often lead to errors made by even the most seasoned of professionals.
...

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Estate Planning for the Non-Traditional Family

(2) Comments | Posted July 19, 2013 | 4:53 PM

When it rains, it pours -- and in estate planning, the greater number of parties involved, and the more complex the relationships between them, the more important it is for families to plan ahead in order to avoid surviving simply by treading water.

A 2011 Canadian census...

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Is a Common Law Spouse Entitled to Death Benefits?

(2) Comments | Posted July 8, 2013 | 5:25 PM

Recent cases demonstrate the increasing overlap between Estates and Family Law, and the common issues which touch upon both areas of practice.

The question put to the Ontario Court of Appeal in Carrigan v. Carrigan Estate was whether a current common law spouse, or a separated but legally...

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