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

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

Should life insurance proceeds be included in the value of an estate?

By Ian Hull . When a life insurance policy’s designated beneficiary is the estate of the policy-holder, the proceeds of the insurance policy will be paid into the deceased’s estate. Usually, the value of the life insurance proceeds are included in the value of the estate when applying for a Certificate of Appointment of Estate Trustee. But there may be a case for not including them. Read more

November is ‘Make a Will Month’

By Ian Hull . The Ontario Bar Association (“OBA”) has once again designated November as “Make a Will Month.” Approximately 56 per cent of Canadians do not have a will. This issue first arose in a 2012 LawPRO survey and has been confirmed as an ongoing concern according to a CIBC survey in August 2015. Read more

Hull to speak at Law Commission of Ontario event

Toronto trusts and estates litigator Ian Hull will speak at the launch of the Law Commission of Ontario’s Simplified Procedures for Small Estates report this week. Read more

Hull to chair webcast on new estates tax act

Toronto trusts and estates litigator Ian Hull will chair an upcoming webcast on the new Estates Tax Act, presented by the Law Society of Upper Canada. Read more

Spousal and dependant support – the FLA vs. the SLRA

By Ian Hull . Both the Family Law Act , R.S.O. 1990, c. F.3 (“ FLA ”) and the Succession Law Reform Act , R.S.O. 1990, c. S.26 (“SLRA”) contemplate the support of spouses. The FLA is focused specifically on spouses, while the SLRA deals with support of dependants, which includes a spouse of a deceased, as well as a parent, child, or sibling, to whom the deceased was providing support or legally obligated to provide support. Should these regimes be kept separate, or is there some meshing of the two, allowing for the FLA to influence the determination of spousal support under the SLRA? Read more

Joint tenancy, survivorship, and adverse possession

By Ian Hull . A recent decision of the Ontario Superior Court of Justice, Post Estate (Trustee of) v. Hamilton , 2015 ONSC 5252 (available on Westlaw) considered a rather unusual set of facts with respect to joint tenancy and an interesting application of the equitable remedy of adverse possession. Read more

CBA estates event to feature mediation role play panel

Toronto estates and trusts lawyers Ian Hull and Suzana Popovic-Montag will be among the presenters at the upcoming Will, Estate and Trust Fundamentals for Estate Practitioners program, hosted by the Canadian Bar Association (CBA). Read more

SOS from Toronto Lawyers Feed the Hungry program

Toronto trusts and estates litigator Ian Hull says the Lawyers Feed the Hungry program in Canada’s largest city is in dire need of financial support, reports Law Times . Read more

Hull to speak at Law Society Estates and Trusts Summit

On Oct. 7, Toronto trusts and estates litigator Ian Hull will speak at the 18 th Annual Estates and Trusts Summit, hosted by the Law Society of Upper Canada. Read more

Incentive trusts: Controlling your money from the grave

By Ian Hull . A recent New York Post article discusses the estate of the late Maurice Laboz of Manhattan, who left $20 million to his two daughters, Marlena and Victoria, 21 and 17 respectively, to inherit when they turn 35. However, Mr. Laboz has also provided a number of ways in which the girls can gain access to some money in the meantime. Read more