Simple English definitions for legal terms
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Term: IMPROBATION
Definition: Improbation is a legal action taken to prove that a document is fake or untrue. In Scottish law, there are two types of improbation: proper improbation and reduction improbation. Proper improbation is used to prove that a document is forged or false, while reduction improbation is used to demand the production of a document in court. The person bringing the action can ask the court to determine the document's effects or nullify it. If the document is not produced, the court can automatically declare it false or forged.
Definition: In Scots law, improbation is an action taken to prove that a document is forged or false. It is also known as proper improbation. Reduction improbation is another action in which a person who may be affected by a document can demand its production in court. The court can then determine the document's effects or nullify it if necessary. If the document is not produced, the court can automatically declare it false or forged.
Example 1: John is accused of forging his grandfather's will. His cousins bring an improbation action to prove that the will is false and that John forged it.
Example 2: Mary is a beneficiary of her late husband's estate. She suspects that his will was forged by his ex-wife. Mary brings a reduction improbation action to demand the production of the will in court. If the will is found to be false, Mary can receive her rightful share of the estate.
These examples illustrate how improbation can be used to challenge the validity of a document, such as a will. It allows individuals to protect their rights and interests by proving that a document is false or forged. Reduction improbation is particularly useful when a person suspects that a document may exist but has not been produced. By demanding its production in court, they can ensure that their rights are protected.