Legal Definitions - improbation

In Scots law, improbation refers to a legal action taken to formally challenge the authenticity or validity of a document. It is a process by which an individual can ask a court to declare that a document is either forged, false, or otherwise legally unsound.

• Proper Improbation: This specific type of action is directly aimed at proving that a document is a forgery or is otherwise false. The primary goal is to establish the document's inauthenticity through evidence presented to the court.
• Reduction Improbation: This is a broader legal action where a person who believes they are negatively affected by a document can compel its production in court. The court can then examine the document to determine its legal effects or, if appropriate, declare it null and void. A significant aspect of this action is that if the party holding the document fails to produce it when ordered by the court, the court can automatically declare the document to be false or forged, even without further proof of its inauthenticity.

Here are some examples illustrating how improbation might apply:

• Example 1: Challenging a Forged Will
  After an elderly person passes away, a new will suddenly surfaces, leaving their entire estate to a previously unknown distant relative, completely disinheriting their children. The children suspect the will is a forgery, believing their parent would never have signed such a document. They could initiate an action of proper improbation, presenting evidence such as forensic handwriting analysis, expert testimony, or witness statements to the court to prove that the signature on the will is not genuine or that the document was created under fraudulent circumstances, thereby establishing its falsity.
• Example 2: Disputing a Property Deed
  A homeowner discovers that a legal deed was registered years ago, seemingly transferring a significant portion of their garden to a neighboring property. The homeowner has no recollection of ever signing such a document and suspects their signature was either fabricated or obtained through deception. This deed now directly impacts their property rights. The homeowner could bring an action of reduction improbation, demanding that the neighbor produce the original deed in court. If the court finds evidence of fraud or falsity upon examining the document, or if the neighbor fails to produce the original deed, the court could "reduce" (nullify) the deed, effectively declaring it false and restoring the original property boundaries.
• Example 3: Questioning a Loan Agreement
  A small business owner is being pursued by a creditor for a substantial debt, allegedly based on a written loan agreement. The business owner insists they never entered into such an agreement and believes the document presented by the creditor is entirely fabricated. The creditor has only provided a photocopy. The business owner could initiate a reduction improbation action, legally compelling the creditor to produce the *original* signed loan agreement in court. If the creditor fails to produce the original document as ordered, the court, under the principles of Scots law, could automatically declare the alleged loan agreement false or forged, thereby nullifying the debt claim based on that document.