Are you planning to make some New Year resolutions! Here are a few legal to-dos for 2026

With the New Year usually comes new plans and resolutions or, in some cases, dusting off last year’s resolutions.

While 2026 is ‘just’ another year, it might provide the time and resolve to follow through on our old resolutions and maybe make new ones.

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Here are a few legal resolutions to ponder over the next 12 months.....

Family matters

Divorce now has a shorter two-year waiting period.

Whatever the reason, if you decide to go your separate ways, it takes less time to make it legal.

A court will allow these two years for couples who continue to live under one roof to live separately and apart – i.e. if they do not live together in an intimate and committed relationship.

A few more family resolutions

* If you are an unmarried father, regularise your status on guardianship.

* If you are living with someone in a committed relationship, put a Cohabitation Agreement in place.

* Make a Will if you are in a blended family, separated or cohabiting.

Are you getting married in 2026?

We have seen a growth in prenuptial agreements sought by farming and other asset-based business families.

It is important to remember that courts are not bound to give prenuptial agreements full effect. If the court considers that the agreement does not adequately provide for a spouse or dependent, the court may vary the agreement.

However, if a prenuptial agreement is fair, it is likely to be honoured by the parties and considered favourably by the court.

Medical negligence / personal injuries / accidents

The New Year can also see an increase in people enquiring about medical negligence and other litigation cases.

What’s important to remember, if you are to succeed in a claim, is that you must show both negligence and causation.

In other words, you have to show that there is a duty of care, that there has been a breach of that duty and that such breach caused the situation that gave rise to your injuries.

A few more

* Statute of Limitation – ensure you don’t run out of time to take a case.

* Review the defendant’s solvency – make sure that the person you are taking the case against will be able to pay.

* A New Year is always a good time to see how your case progresses.

Succession

Make a Will - It is hard to talk about New Year’s Resolutions without discussing Wills.

Some of the reasons (but not all) for making one are:

* Getting married - marriage revokes previous Wills.

* Getting divorced or separated.

* Buying a house.

* Inheriting property or cash.

* Settling a litigation claim.

* Acquiring assets – home, gift, inheritance.

* Having children.

* Retiring, ageing, or suffering from illness or the risk of illness.

Making a Will is not a once-off exercise. You should regularly review your Will.

Remember that making a Will is only one of the things you should consider. It is an opportune time to get your succession affairs in order. This may involve assessing the tax implications of retiring from your working life and future case needs. 

Enduring Power of Attorney – A Living Will

This is an example of “you can’t have one without the other”. If you make a Will, you should also have an Enduring Power of Attorney.

As we grow older, we risk losing the ability to manage our affairs without help. This is where an Enduring Power of Attorney comes into play – you nominate people to handle your personal or financial affairs if you lose the ability to do so.

A few reasons to do it

* We live longer

* If there is a history of illness in the family

* If there is longevity in the family

* As a precaution

Regularise the position with your business

Now is an excellent time to review how we conduct business.

A few possibilities:

* Make a succession plan

* Form a limited company

* Draw up a shareholder’s agreement.

* Draw up a partnership agreement

On the business front, it is an excellent time to strengthen your succession planning by identifying key roles and potential successors early, investing in their development, and creating a clear roadmap for leadership continuity.  

You could start by focusing on mentoring, cross-training, and documenting critical processes to ensure that transitions are smooth and sustainable. By prioritising talent readiness and aligning succession plans with long-term business objectives, you build resilience and future-proof the organisation.

On the personal side, you could create a clear and thoughtful succession plan for my estate and family. In addition to reviewing and updating your Will and establishing and refining trusts, you should ensure that all legal and financial documents accurately reflect your current wishes. 

We advise that you communicate openly with family members about roles, responsibilities, and intentions to avoid uncertainty and conflict in the future. By prioritising transparency and planning now, your aim should be to protect my loved ones and preserve family harmony for generations to come.

A few suggestions

* If you have a rental property, consider the new rules that are being proposed for March 2026. You should check the viability of your investment.

* If you own property with someone else, consider a co-ownership agreement.

* If you are married and own property in your sole name, you should consider the benefits of a transfer into joint names.

* If you build a house, use a building contract.

* If you have a farm or business plan for retirement, take advantage of the tax exemptions.

Afterthought

In conclusion, as we embark on another year, we should pause and set aside some time to reflect on matters that we might otherwise neglect in the hustle and bustle of ‘normal’ life.

Remember that planning takes time, but if you don’t plan, you are leaving everything to chance! 

We thank our clients for their continuing support and extend our heartfelt wishes to all our clients for a Happy and Healthy New Year. 

May this time of change lead us to appreciate the value of health, happiness, and the meaningful pursuits that make life truly fulfilling.

For further advice or if you wish to discuss any other legal area, contact reception@lynchsolicitors.ie or telephone 052-6124344. Alternatively, see lynchsolicitors.ie

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