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Simple English definitions for legal terms
captator
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A quick definition of captator:
A captator is someone who tries to trick or deceive someone else into giving them a gift or inheritance. This is called undue influence, which means using unfair persuasion to make someone do something they wouldn't normally do. It's like when a bully tries to make someone do something they don't want to do. In the case of a will, if someone tries to convince the person making the will to leave them something, it's called improper influence. This is not allowed because it takes away the person's free will and replaces it with the captator's wishes.
A more thorough explanation:
A captator is a person who uses artifice to obtain or attempt to obtain a gift or legacy. In civil law, this is considered undue influence.
Undue influence is the improper use of power or trust to deprive a person of free will and substitute another's objective. This can occur in contracts, transactions, relationships, or conduct. If consent is obtained through undue influence, it is voidable.
- A wealthy elderly person is convinced by their caregiver to change their will and leave everything to the caregiver instead of their family.
- A person is pressured by their boss to sign a contract that is not in their best interest.
In both examples, the captator is using artifice or improper influence to obtain a gift or legacy. This is considered undue influence and is not legally valid. The person being influenced is not acting of their own free will and is being coerced into making a decision that benefits the captator.