Legal Definitions - reduction improbation

Reduction improbation is a legal action taken to invalidate or set aside a document because it is deemed fraudulent, forged, or otherwise not genuine. Essentially, it is a lawsuit aimed at proving a document is not authentic and therefore should be legally nullified or "reduced." This action challenges the very authenticity and validity of the document itself, rather than just its interpretation or application.

• Example 1: Challenging a Forged Will

  Imagine a situation where a deceased person's family discovers a will that leaves all assets to a distant acquaintance, completely disinheriting the immediate family. The family suspects that the signature of the deceased on this will was forged, or that the entire document was created fraudulently without the deceased's true consent. They could initiate a reduction improbation action in court to challenge the authenticity of the will, seeking to have it declared invalid and set aside. The court would then examine evidence to determine if the will is indeed a genuine document.

  This example illustrates reduction improbation because the family is seeking to "reduce" (invalidate) the will on the grounds of "improbation" (it is not a genuine document due to suspected forgery or fraud).

• Example 2: Disputing an Altered Contract

  Consider a small business owner who signed a service contract. Later, a dispute arises, and the other party presents a version of the contract that includes additional clauses and a significantly higher price than what was originally agreed upon. The business owner firmly believes the contract was fraudulently altered after they signed the original, legitimate document. They could pursue a reduction improbation to have the altered contract declared invalid and unenforceable, arguing that the presented document is not the true, authentic agreement they entered into.

  Here, the business owner is using reduction improbation to "reduce" (nullify) the altered contract because they contend it is "improbative" (not the genuine, agreed-upon document due to fraudulent alteration).

• Example 3: Invalidating a Fraudulent Property Deed

  An elderly individual's property deed is transferred to a caregiver without their knowledge or consent, using what appears to be a forged signature on the transfer documents. The elderly person's family discovers this fraudulent transfer after their loved one passes away. The family would bring a reduction improbation action to challenge the validity of the deed transfer, arguing that the signature was forged and the entire transfer was fraudulent. Their goal would be to have the deed declared invalid and restore ownership of the property to the original estate.

  This example demonstrates reduction improbation as the family seeks to "reduce" (cancel) the property deed transfer because it is "improbative" (not genuine due to a forged signature and fraudulent activity).