Captation: The Coercive Influence on Testators' Wills

Definition & Meaning

Captation is a term used to describe the act of coercing a testator, which is the person who makes a will, to adopt someone else's wishes instead of their own. This manipulation can lead to an individual exerting control over the testator's decisions, often with negative implications. In a historical context, captation also referred to the initial stage of a hypnotic trance, where a person is influenced to surrender their will.

Table of content

Legal Use & context

In legal practice, captation is primarily relevant in the context of wills and estates. It is often discussed in cases involving undue influence, where one party may unfairly manipulate another to change their testamentary intentions. Legal areas that may involve captation include:

Estate planning
Probate law
Family law

Individuals facing issues related to captation can benefit from legal templates and resources available through US Legal Forms, which can help them navigate the complexities of wills and estates.

Key legal elements

Real-world examples

Here are a couple of examples of abatement:

Example 1: A caregiver convinces an elderly person to change their will to benefit the caregiver, rather than the person's family. This could be considered captation.

Example 2: A person pressures a friend to include them as a beneficiary in their will, overriding the friend's original intentions (hypothetical example).

State-by-state differences

Examples of state differences (not exhaustive):

State	Legal Considerations
California	Strong protections against undue influence in wills.
New York	Requires clear evidence of coercion for claims of captation.
Texas	Allows for challenges to wills based on undue influence.

This is not a complete list. State laws vary, and users should consult local rules for specific guidance.

Comparison with related terms

Term	Definition	Difference
Undue influence	Improperly persuading someone to change their decisions.	Captation is a specific type of undue influence focused on wills.
Coercion	Forcing someone to act against their will.	Captation involves coercion specifically in the context of testamentary decisions.

Common misunderstandings

What to do if this term applies to you

If you suspect that captation has occurred regarding a will or estate, consider the following steps:

Gather evidence of coercion or undue influence.
Consult with a legal professional who specializes in estate law.
Explore US Legal Forms for templates that may assist in challenging a will or addressing related issues.

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Quick facts

Captation involves coercion in the context of wills.
It can lead to legal challenges in probate court.
Understanding state laws is crucial for addressing captation claims.