You can start a process to contesting the validity of the will if there is no will to be found. This can be an expensive process and may involve hiring a lawyer or two. If there is no will, then you will have to do all this on your own.
There are two primary ways of contesting a will. The first is to challenge the process of how the document was prepared. Here you will be arguing that the person you want dead should not have been chosen in the first place. You can do this in a local probate court, or on Federal or State level. The second way to contesting a will is to dispute any of the clauses contained therein. Here you may be able to have the will thrown out for what are sometimes called “legal deficiencies.”
These legal deficiencies are usually caused by what are called “errata clauses.” They are sometimes confused with “deficiencies,” which is a different thing entirely. An example of a clause that may be deemed as a deficiency is one which says something like, “In the presence of counsel, any minor child may have the authority to make decisions concerning the disposition of his estate.” That would technically mean that your minor children could now have the ability to make decisions about their estate. While that may seem like a legitimate reason to contest, what would probably be a more valid reason is if they had somehow been awarded an estate without your knowledge or consent.
Another question that you may have as you begin to consider what are the valid reasons to contest a will, is whether you actually need to do so. Often times, people who contest the process feel like it is an effort to simply take away from the power of the state. After all, a will was voluntarily made and signed by the individuals in question. Therefore, it clearly stands to reason that if there is a dispute over that will, then it is not being used fraudulently or in some manner to take away power from those who created it in the first place.
As you continue your investigation, you will learn that you really don’t need to go through all of this hassle. In many situations, the individuals who had passed away did not want their wills changed. For that reason, they generally do not even initiate the process. Therefore, you really do not need to waste time trying to do so. If the will was well written and the people you are asking to sign off on it were aware that it did not change, then you shouldn’t have any problem at all dealing with the current process.
As I mentioned at the beginning, this is a brief overview of what are the valid reasons to contest a will. There are also some other factors to take into consideration before you decide whether or not to do this. Those factors include how long you can reasonably wait before the deed is signed, as well as what the cost would be if you decided to proceed anyway. Again, by knowing what you need to do in order to avoid having to go through the process, you can save yourself time, money, and a bit of angst by making an informed decision.