by LAWPRO

Original authors: Juda Strawczynski and Simona Ristic
Updated by PracticePRO, April 2026

You’re sitting at your desk on a typical weekday afternoon when, out of the blue, you get a call related to a will file. As soon as this happens, be wary. Your first instinct may be to try to help. But calls around wills you’ve prepared raise issues around confidentiality and privilege. Trying to recall particulars over the phone without first consulting the file would also be a dangerous step. At times these calls are ways people fish for information that they are not entitled to have. And whatever you say in the moment could end up being used in estate litigation or even against you down the line. So, when these calls (or email or other correspondence around a will file) come in, be on high alert. Tell the caller you can’t talk about the matter, and you may consider asking limited, neutral questions, such as why the information is being requested or whether a dispute has arisen.

Not every will related inquiry means there’s a risk of a claim against you. For example, you may have drafted an earlier will that was later replaced by a newer will prepared by another lawyer, and now beneficiaries are trying to understand why the documents are so different. Even if there’s no reasonable risk of a claim against you, confidentiality and privilege still apply, and you must proceed carefully.

If there is a reasonable chance that the situation could turn into a claim against you, report to LAWPRO using the form on our claims page. Reporting itself does not trigger your deductible. If you are unsure whether a matter should be reported, you can contact [email protected]. While we cannot provide legal advice, we can assist in assessing whether reporting is required or advisable and share helpful resources where appropriate.

If there is a claim against you or the possibility of it, LAWPRO is here to help. We can assist in making sure that necessary steps are taken to protect you, including confirming there’s a Court order where one is necessary to permit disclosure and help determine what materials you need to produce. By reporting the matter early, LAWPRO can investigate, assess and help ensure that you’re protected.

Make a Stressful Situation Less Stressful

LAWPRO understands the psychological and emotional stress and pressures that may accompany reporting a claim, even if only a potential one. As noted in “Puttıng the fire out: Dealing with the stress of a malpractice claim,” lawyers may experience a variety of emotional reactions when they make an error or anticipate an action being commenced against them – everything from fear, to anxiety, to embarrassment, and sometimes even anger. If you are feeling overwhelmed or stressed by the prospect of a claim against you, consider talking to a trusted friend or colleague or confidentially sharing your situation with a counsellor at the Member Assistance Program.

But remember, one of the best ways to mitigate against any future emotional stress is to report the potential claim early. It’s quick and easy to report a matter, and will help you reduce your stress.