Legal Definitions - captation

Captation, in civil law, refers to the act of coercing or manipulating an individual who is creating a will (known as the testator) to such an extent that the will no longer reflects their genuine wishes, but instead incorporates the desires of another person.

Essentially, it means someone has used pressure, threats, or undue influence to force a person to change their will in a way they wouldn't have genuinely chosen, thereby substituting the coercer's desires for the testator's true intentions.

• Example 1: Direct Intimidation

  An elderly woman, Mrs. Rodriguez, is recovering from a serious illness and is very frail. Her live-in nephew, who is financially struggling, repeatedly threatens to move out and leave her without care unless she changes her will to leave him her entire estate, disinheriting her children. Fearing abandonment and a lack of support, Mrs. Rodriguez reluctantly signs a new will under this constant pressure.

  This illustrates captation because Mrs. Rodriguez's true desire was likely to provide for her children, but her nephew's direct threats coerced her into substituting his desire to inherit everything for her own genuine wishes.

• Example 2: Emotional Manipulation

  Mr. Davies, a wealthy but lonely widower, has always intended to donate a significant portion of his estate to a local animal shelter, a cause he deeply cares about. His new companion, who is aware of his plans, constantly tells him that the animal shelter is mismanaged and that his family members are only interested in his money. She then suggests that if he truly wants his legacy to be honored, he should leave a large sum to her, as she will ensure his memory is respected. Over time, Mr. Davies, feeling isolated and influenced by her persistent emotional appeals, changes his will to significantly reduce the donation to the animal shelter and instead leaves a substantial amount to the companion.

  This demonstrates captation because Mr. Davies' original intent to support the animal shelter was overridden by the companion's manipulative suggestions and emotional pressure, leading him to substitute her financial desires for his own philanthropic goals.

• Example 3: Exploiting Vulnerability

  Ms. Chen suffers from advanced Alzheimer's disease and is entirely dependent on her caregiver, Sarah, for all her daily needs. Sarah frequently tells Ms. Chen that her children rarely visit and don't truly care for her, while Sarah herself is her only loyal friend. Sarah then subtly but persistently suggests that Ms. Chen should ensure her "true friend" is taken care of in her will. Due to her impaired judgment and complete reliance on Sarah, Ms. Chen, influenced by these constant suggestions and her vulnerable state, changes her will to leave a large portion of her assets to Sarah, despite having previously planned to leave everything to her children.

  This is an example of captation because Sarah exploited Ms. Chen's severe vulnerability and cognitive impairment through manipulative suggestions, coercing her into substituting Sarah's desire for an inheritance for Ms. Chen's original intention to benefit her children.