Legal Definitions - captator

A captator, in civil law, refers to a person who attempts to or successfully obtains a gift or a legacy (an inheritance) from another individual through cunning, trickery, or manipulation. This often involves exploiting a vulnerable person's trust, isolation, or diminished capacity to unfairly benefit themselves.

Here are some examples illustrating the concept of a captator:

• Example 1: The Manipulative Caregiver

  An elderly widow, Mrs. Henderson, lives alone and relies heavily on her live-in caregiver, Mark. Over several months, Mark subtly convinces Mrs. Henderson that her distant relatives are only interested in her money and that he, Mark, is her only true friend and confidant. He gradually isolates her from her family and friends, intercepting phone calls and mail. Eventually, he persuades Mrs. Henderson to revise her will, leaving a substantial portion of her estate to him, rather than her estranged nieces and nephews. In this scenario, Mark acts as a captator because he used artifice and manipulation to obtain a legacy from Mrs. Henderson.

• Example 2: The Exploitative "New Friend"

  Mr. Davies, a wealthy but lonely bachelor, recently met a charming new acquaintance, Sarah, at a social club. Sarah quickly became indispensable to Mr. Davies, showering him with attention, praise, and companionship. She began to subtly suggest that Mr. Davies's long-term charitable donations were misguided and that his money could be better used to "support someone truly deserving" – herself. Within a year, Mr. Davies, influenced by Sarah's constant flattery and subtle pressure, gifted her a significant sum of money and added her as a major beneficiary to his life insurance policy. Sarah's actions make her a captator because she used cunning and emotional manipulation to secure substantial gifts from Mr. Davies.

• Example 3: The Deceptive Relative

  Aunt Carol, suffering from early-stage dementia, began to experience confusion about her finances. Her nephew, David, who had previously shown little interest in her, suddenly became very attentive. He moved into her home, took control of her bank accounts, and began managing her affairs. David frequently told Aunt Carol that her other relatives were too busy to care for her and that he was making sure her money was "safe." He then presented her with documents, which she signed without fully understanding, that transferred ownership of her valuable antique collection and a significant portion of her savings into a trust with David as the sole beneficiary. David's actions classify him as a captator because he used deception and exploitation of his aunt's vulnerability to obtain her assets.