Continuing the series, in this episode, Tony speaks again with John de Groot, Partner at de Groots, about one of the most important—and often misunderstood—topics in estate planning: capacity.

Capacity issues are increasingly common as our population ages, and they play a critical role in determining whether wills, enduring powers of attorney, and other estate planning documents are valid.

John explains the legal definition of capacity, the “red flags”solicitors need to look out for, and the fine balance between respecting a client’s autonomy and protecting against undue influence or incapacity.