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

Why You Should Add Organ Donation to Your Estate Plan

(1) Comments | Posted March 22, 2015 | 11:58 PM

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 | 11:59 AM

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 | 10:12 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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How to Estate Plan With the Elderly

(0) Comments | Posted October 12, 2014 | 2:54 PM

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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What "Fiduciary" Actually Means

(0) Comments | Posted October 10, 2014 | 2:50 PM

Fiduciary is a common word that is often misused because of its complicated definition and variety of meanings and uses.  While it refers to an individual that owes certain special obligations to another that are based on trust, it also describes the obligation itself, distinguishing it from an ordinary obligation.

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When a Spouse Dies Mid-Divorce

(0) Comments | Posted July 24, 2014 | 8:35 AM

Estate law's frequent intersections with family, real estate and corporate law can result in complex estate plans and complicated litigation proceedings (sometimes the latter a result of the former).

One scenario commonly encountered is the situation in which an individual dies while negotiating a separation agreement with their spouse,...

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Do You Trust Your Fiduciary?

(0) Comments | Posted July 22, 2014 | 5:36 PM

A fiduciary occupies a position of trust in relation to another person. One example of such a relationship is the relationship between an incapable person and the person or persons the incapable has appointed as their Attorney for property. Because the incapable has trusted their Attorney to manage their property,...

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When Family Law and Estate Law Come Together

(0) Comments | Posted June 24, 2014 | 11:56 AM

Family law and estate law often function independently. However, when a spouse dies, features of both practice areas quickly become interconnected. The foundations of estate law that remain relevant today predate the practice of family law. Family law originally operated according to doctrines of estate law. Now, with a strong...

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The Importance of Elder Law

(0) Comments | Posted May 7, 2014 | 6:01 PM

Elder law is gaining attention as a quickly emerging area of practice. Rather than being a new area of law, elder law reflects changes that have been happening in society for several decades. People are now living much longer lives than ever before in history and the numbers of individuals...

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Do You Know How To Prove the Validity of a Will?

(0) Comments | Posted May 6, 2014 | 5:17 PM

In our last entry, we considered the basics of wills and trusts. This week, we continue in the same vein, but delve deeper into the validity of wills and the evidence that may be required to prove them.

The term probate describes the validation by...

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How To Make Wills and Trusts Work For You

(0) Comments | Posted April 18, 2014 | 11:37 AM

With the recent addition of David Freedman, professor at Queen's University, Faculty of Law, as counsel to our firm, it seems appropriate to reconsider the basics of wills and trusts that are taught at law school.

When people think about a will, what most frequently comes to mind...

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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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