Legal Definitions - rule of capture

The rule of capture is a legal doctrine that applies to two different areas:

In property law, the rule of capture states that a person who captures a wild animal, regardless of whether it was originally on their land or not, becomes the owner of that animal. For example, if a hunter shoots a deer on someone else's property, the hunter is still considered the owner of the deer.

In estate planning law, the rule of capture applies to a general power of appointment. If the person who has the power of appointment shows an intent to assume control of the property for all purposes, not just for the purpose of appointing it to someone else, then the property goes to the donee's estate. For example, if a person has the power to appoint property to their children, but instead includes the property in their own will, blending it with their own property, then the property goes to the person's estate.

These examples illustrate how the rule of capture works in different areas of law. In property law, the rule of capture is used to determine ownership of wild animals. In estate planning law, the rule of capture is used to determine who receives property that is subject to a general power of appointment.