
← The Wills and Estates Transmission16 Sept 2025 · 13 min
Episode 25: Capacity and Red Flags to look for With John de Groot
Episode 25: Capacity and Red Flags to look for With John de Groot
<p>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: <strong>capacity</strong>.</p><p> </p><p>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.</p><p> </p><p>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.</p><p> </p>