The Mottley Law Firm - January 2024

AGE IS JUST A NUMBER – HOW CONSISTENT EXERCISE KEEPS YOU YOUNG

It’s been said that you’re only as old as you feel. If that’s true, then there are plenty of Americans in their 50s and 60s who feel like they’re in their 30s or 40s. As a result, they are enjoying the “prime” of their lives for much longer than generations past. The general life expectancy for Americans has historically trended upward, though COVID-19 introduced the first downward trend in decades. Today, the average life expectancy for men is 73 and for women 79. Correlated to this increase in life expectancy is an overall improvement in a person’s quality of life. People who are 50-plus are enjoying a quality of life that, in many cases, is seamless for them compared to earlier decades. There are several contributing factors, including diet, advances in health care, and other technological improvements, but one of the most important is consistent exercise. If you’re over 50, there are steps you can take to age gracefully — literally! First, remember to warm up. While you may want to start your exercise immediately, take a few moments to stretch your muscles properly. Another thing you can do is to ensure that your exercise methods are low-impact whenever you can. While you may want to go out and run several miles, approach high-impact exercising with caution. You may feel younger, but your bones and joints continue to age, and the parts of your

body that serve as “shock absorbers” for the rest of the skeletal system wear out faster than the rest of your body. The main thing to do to give yourself the best chance of feeling as good as you can in your 50s and 60s is to find a consistent source of activity that you enjoy and keep doing it!

WHEN THE ORIGINAL WILL VANISHES

A Guide to Probating Lost Wills

After a loved one dies, many things must be done. One crucial task is to find their original will. But what happens when you’ve looked everywhere and still can’t find the original will? Can a copy of a lost or misplaced will be admitted to probate in Virginia? Under the right circumstances, the answer is “yes.” In rare situations, it may be possible to probate a lost or misplaced will even if you cannot find a copy. Overcoming a Presumption for a Will in Virginia Even if you have a copy of the missing will, you can’t just take it to the clerk’s office and have it admitted to probate like you could with a signed original. Instead, you have to file a lawsuit in the circuit court to “establish” the will. In most cases, the proponent of a lost will faces an elevated burden of proof in such a lawsuit. This is because when an original will in the testator’s custody can’t be found after they die, Virginia law presumes the testator destroyed the will with the intent to revoke it. To overcome that

presumption, the proponent of the lost will must prove otherwise by clear and convincing evidence. Does that mean the proponent has to prove what became of the lost will? No, it doesn’t. Although evidence establishing precisely what happened to the will would be ideal, it often isn’t available. If it were, the will wouldn’t be lost. What if You Can’t Find a Copy? Believe it or not, you might not be out of luck. Establishing a lost will without a copy is undoubtedly an uphill battle. As early as 1913, the Supreme Court of Virginia upheld a decision to probate a lost will without a copy when the contents of the will could be established and were not denied. In another case from 1943, the lawyer who made a will testified that he didn’t keep a copy but could reconstruct what it said. The Supreme Court of Virginia thought that was enough for the lost will to be admitted to probate. So, all of that is to say, it’s entirely possible to probate a lost will in Virginia — with the right legal representation.

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