by LAWPRO

Note: A leave application has been filed with the Supreme Court of Canada, with the proposed appeal specifically addressing the conflict-of-interest aspect of the below case.

In Anroop v. Naqvi 2026 ONCA 142, the Court of Appeal considered a challenge to a 2022 will prepared by a lawyer that benefited the testator’s daughter. A different lawyer had prepared the testator’s previous will in 2021. The Court found “suspicious circumstances” surrounding the preparation of the 2022 will, including a conflict of interest arising from the lawyer’s business and referral relationship with the daughter’s husband.

The testator was referred to the lawyer by the testator’s daughter’s husband. The Court found that the lawyer had an ongoing, financially beneficial business relationship with the husband. The husband, a real estate agent, had referred real estate clients to the lawyer, and the lawyer rented his office space from the husband, making him the lawyer’s landlord. The court noted that the lawyer also prepared the 2022 will for free and did not prepare or send a reporting letter to the testator. The Court of Appeal concluded that the facts and relationship should have been treated as suspicious circumstances as they created the possibility of “divided loyalties” giving rise to a conflict of interest.

Anroop v. Naqvi is a reminder that lawyers preparing wills must be alert not only to actual conflicts of interest, but also to relationships that may create even the appearance of divided loyalties. Even where no direct benefit is received, referral or business relationships connected to beneficiaries may be viewed as creating suspicious circumstances. Independent meetings with the testator, detailed notes, comprehensive reporting letters, and clear documentation of the lawyer’s independence may be critical in defending the validity of a will if it is later challenged.

The LAWPRO Primary Policy: what to know about double deductibles and beneficial interests exceeding 10% in an enterprise

  • Lawyers should be aware that the LAWPRO Primary Policy states that if a claim or circumstances of a claim arises from an insured providing professional services for more than one person or organization having an apparent or alleged conflict in interest, the insured’s deductible shall be double.
  • The LAWPRO Primary Policy also does not apply to a claim made by or in connection with a corporation, business enterprise or nonbusiness enterprise in which you, your spouse, your law partner, or your law partner’s spouse has a beneficial interest exceeding 10%. Please see the LAWPRO Primary Policy for further details and specific policy language.

Practice Tips:

  • Lawyers should always be sure to have a system in place to perform comprehensive, firm-wide conflict checks prior to accepting any new retainers, no matter how familiar the client may be.
  • Consider whether your personal and/or indirect interests could potentially create a conflict or a perception of divided loyalty.
  • Be cautious when acting for friends, family, and staff members as this can lead to blurred boundaries.
  • Educate staff about conflict checks and different types of conflicts, including personal relationships with staff.
  • Retainer letters that specify who the client is (and who the client is not), and that clarify the scope of work, are essential when acting on any new matter.
  • Reassess relationships throughout the course of the file as conflicts can develop at any point during the life of a file.
  • Immediately take action when a conflict or potential conflict is identified.
  • When in doubt, seek guidance from senior practitioners or colleagues.

Additional resources:

Managing Conflict of Interest Situations Booklet

Tips to Avoid Conflict of Interest Claims

CPD: Conflicts, Undertakings, and File Management: What You Need to Know (2025)