Legal Definitions - proper improbation

Proper Improbation

Proper improbation refers to a formal legal proceeding initiated in a court of law to definitively establish that a document is false, forged, or fraudulent. It is a direct and specific challenge aimed at obtaining a judicial declaration that a document, which purports to be genuine, is in fact not authentic and therefore has no legal validity or effect.

Here are some examples:

• Imagine a situation where an elderly person passes away, and a will is presented that leaves all their assets to a distant acquaintance, 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 a legal action of proper improbation to present evidence (like forensic handwriting analysis) to the court, seeking a formal declaration that the will is not genuine and therefore invalid.

• Consider two businesses involved in a dispute. One company presents a signed contract detailing a large payment obligation from the other. The second company vehemently denies ever signing such a contract, believing it to be a fabrication designed to defraud them. They would pursue a proper improbation action in court to prove that the contract is a forgery, thereby nullifying its legal enforceability and their alleged obligation.

• Suppose a homeowner discovers that a deed to their property has been subtly altered to include a clause granting an easement (a right of way) to a neighbor, which they never agreed to. If they suspect the alteration was made fraudulently after they originally signed the deed, they could file a lawsuit for proper improbation. This legal action would aim to have the court declare the altered deed, or at least the fraudulent clause, as invalid and without legal effect due to the forgery.