A captator is an individual who seeks to deceive or manipulate someone into giving them a gift or inheritance. This behaviour is termed undue influence, which involves using unfair persuasion to compel someone to act against their own will. It can be likened to bullying, where one person coerces another into doing something they do not wish to do. In the context of a will, if someone attempts to persuade the person creating the will to leave them assets or gifts, it is considered improper influence. This practice is prohibited because it undermines the individual’s autonomy and substitutes their desires with those of the captator.
A captator is an individual who employs deceit or manipulation to acquire or attempt to acquire a gift or inheritance. Under civil law, this behaviour is categorised as undue influence.
Undue influence refers to the inappropriate exploitation of power or trust to undermine a person’s free will and substitute for another’s agenda. This can manifest in contracts, transactions, relationships, or conduct. If consent is obtained through undue influence, it can be legally voided.
For example:
- A wealthy elderly person is persuaded by their carer to modify their will, leaving everything to the carer instead of their family.
- An individual is pressured by their boss to sign a contract that is not in their best interest.
In both scenarios, the captator employs deceit or improper influence to acquire a gift or inheritance, constituting undue influence that is legally invalid. The influenced person is not acting autonomously and is coerced into making decisions that primarily benefit the captator.
Captator is a legal term that refers to a person who takes possession or control of someone else’s property without their consent or legal authority.
Yes, captator is considered a criminal offence as it involves the unauthorised taking or control of someone else’s property.
The consequences of being convicted as a captator can vary depending on the jurisdiction and the value of the property involved. However, it can result in criminal charges, fines, restitution, and even imprisonment.
Intent to permanently deprive the owner of the property is not always a requirement for captator charges. The act of taking or controlling someone else’s property without their consent is sufficient to constitute captator, regardless of the intent to permanently deprive.
Expungement of captator charges from a criminal record depends on the laws of the jurisdiction and the specific circumstances of the case. It is advisable to consult with a legal professional to understand the expungement process in your jurisdiction.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 27th April 2024.
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