Ian Hull

Ian Hull
Hull & Hull LLP
Founding Partner
Estates & Wills & Trusts, Mediation

Co-founder of the Toronto firm Hull & Hull LLP with his father Rodney, Ian Hull practises in the areas of estates, trusts, capacity and fiduciary litigation. He also maintains a mediation practice through Hull Estate Mediation Inc.

Mr. Hull was called to the Ontario Bar in 1990 after receiving an LL.B from the University of Windsor and an Honours B.A. from the University of Western Ontario. A certified specialist in estates and trusts law and civil litigation, Mr. Hull is also a Fellow of the American College of Trust and Estate Counsel and a member of the Society of Trust and Estate Practitioners.

A lecturer at the Ontario Bar Admission Course and a guest lecturer for the Canadian Bar Association and the Law Society of Ontario, Mr. Hull is also the author of numerous articles and books on estate law.

Ian Hull Posts

Hull, Popovic-Montag to co-chair Halton estates seminar

On May 6, Toronto estates and trusts lawyers Ian Hull and Suzana Popovic-Montag will co-chair the Halton County Law Association Estates & Family Law Seminar in Oakville. Read more

Ontario to support Alzheimer Society ‘Finding Your Way’ program

By Ian Hull. On March 10, 2016, the Seniors’ Secretariat posted a news release advising that Ontario will be investing $761,500 in the Alzheimer Society of Ontario’s Finding Your Way Program. Read more

Hull to speak at LSUC primer on mediation for litigators

Toronto trusts and estates litigator Ian Hull will speak at an upcoming Law Society of Upper Canada (LSUC) program, aimed at providing litigators with a primer on mediation, he tells AdvocateDaily.com. Read more

Expert 'hot-tubbing' and its use in will challenges

By Ian Hull . When a will is challenged on the basis of testamentary capacity, one of the first considerations is whether the testator underwent a capacity assessment during their lifetime. Unfortunately, when it turns out that their capacity was never formally assessed, this presents a challenge for both sides of the proceeding. In this situation, a retrospective capacity assessment may be done by a medical professional. A retrospective capacity assessment usually involves a review of the testator’s medical records, any relevant lawyers’ files, and any other relevant material. The retrospective capacity assessor will conduct their assessment in the context of the legal test for capacity. Read more

Types of elder abuse and why it often goes unreported

By Ian Hull . The World Health Organization defines elder abuse as a single or repeated act, or lack of appropriate action, occurring in any relationship where there is an expectation of trust that causes harm or distress to an older person. According to the Ontario Network for the Prevention of Elder Abuse (ONPEA), the number of seniors over 65 in Ontario is expected to increase to almost 4.2 million by 2036, and tragically it is estimated that between 2 per cent and 10 per cent of older adults will experience some form of elder abuse each year. Read more

LSUC bolsters Lawyers Feed the Hungry program

Convocation agreed in a majority vote to provide additional funding to the long-running Lawyers Feed the Hungry charitable initiative with a two-year, $200,000 investment — a move which foundation chairman and bencher Ian Hull tells AdvocateDaily.com is “great news and is much needed.” Read more

Ruling a caution for lawyers with clients from one family

A recent decision that found a lawyer liable for negligence and breach of fiduciary duty after representing both parties in a family share purchase transaction is a cautionary tale for counsel who have ongoing legal relationships with families, Toronto trusts and estates lawyer Ian Hull tells Lawyers Weekly . Read more

Court strikes down will that would create scholarships for white, straight students

"Yes, it's a private trust but it's touching on the whole question of public policy," says Hull, co-founding partner of Hull & Hull LLP . Read more

S. 72 assets, dependant’s support and estate trustee liability

By Ian Hull . A recent decision of the Ontario Superior Court of Justice considers life insurance as a Succession Law Reform Act (SLRA) s. 72 asset, and the circumstances in which a beneficiary or estate trustee will be ordered to make a support payment personally. Read more

Deed of gift highly effective way to avoid disputes

A recent Ontario Superior Court of Justice decision involving a home purchased by a couple in the name of their son demonstrates that a deed of gift can be an effective way to avoid complications down the road, Toronto trusts and estates lawyer Ian Hull tells Canadian Lawyer . Read more

Draft legislation introduced to amend Income Tax Act

By Ian Hull . A couple of months ago, I blogged about a letter from the Department of Finance in which it addressed concerns regarding amendments to the Income Tax Act (the ITA) that have come into force as of January 1, 2016. The stated purpose of the letter was to confirm the Department of Finance’s understanding of the issues raised and to describe an option for responding to these issues. There was no promise that the option would be pursued or that any action would be taken. Read more

Henson trust – advantages and disadvantages

By Ian Hull . The “Henson trust” is a type of trust often used in estate planning to deal with situations where there is a disabled beneficiary who is entitled to receive support payments from the Ontario Disability Support Program (ODSP). The name of the Henson trust originates from an Ontario case, The Minister of Community and Social Services v. Henson , [1987] OJ No 1121, aff’d [1989] OJ No 2093 (Ont CA), where the court held that a discretionary trust established for a disabled beneficiary would not result in a loss of government benefits, as the beneficiary had no vested right to receive income or capital from the trust. Read more

Hull to share mediator strategies for reaching consensus

Toronto trusts and estates litigator Ian Hull is set to share his tips and strategies for reaching consensus as a mediator at the upcoming Ontario Bar Association Institute 2016. Read more

Fiduciary duties of joint account holders

By Ian Hull . In a recent judgment, the Ontario Superior Court of Justice considered whether joint account holders owe a fiduciary duty with respect to the management and operation of a joint account. Read more

Secret trusts – how to prove one and what happens if it fails?

By Ian Hull . Secret and half-secret trusts are trust arrangements made between a testator and a trustee, without disclosure of the terms of the arrangement, but where an understanding exists between the parties. Secret trusts are not mentioned at all in a testator’s will. Half-secret trusts are explicitly included in a will, but the terms of the trust are not disclosed. Read more