New Year, New Clarity: Your 2026 Legal Housekeeping Checklist
January always arrives with a sense of renewal. We clear out cupboards, refresh routines, set goals and reclaim some order after the whirlwind of December.
But while most of us are diligent about organising our homes and resetting our calendars, very few of us apply the same energy to our legal life admin, the documents that quietly safeguard our families, finances and future wishes.
If you’re like many of our clients, you’ve probably been meaning to update your Will, check your superannuation beneficiaries, or finally put Powers of Attorney in place. Yet these tasks rarely feel urgent…until suddenly, they are.
The start of a new year is the perfect time to pause, take stock, and make sure the legal side of life is just as organised as your pantry or inbox. A few small steps now can prevent significant stress, cost and confusion later.
And the best bit? It doesn’t have to be overwhelming. We’re here to make it simple.
Why legal housekeeping matters
Life moves quickly. Babies become school-aged kids, relationships change shape, finances evolve, and health can shift unexpectedly. It is incredibly common for legal documents to become out of date without anyone realising.
When your Will or Powers of Attorney no longer reflect your circumstances, your loved ones are left navigating uncertainty at the exact moment they are least equipped to do so. Families often assume everything is sorted, only to later discover gaps, such as an executor who no longer makes sense, a guardian choice that was never updated, or a superannuation nomination that expired years earlier.
Good legal housekeeping:
Reduces confusion, because your intentions are clear and documented.
Minimises cost and conflict, because out-of-date documents are a leading contributor to estate disputes.
Gives peace of mind, because you know your affairs are in order and your family understands your wishes.
Legal order creates emotional order. It is one of the most practical and caring gifts you can give the people you love.
Your New Year's legal checklist
If you only do a few things in January, let it be these foundational tasks.
1. Review or write your will
Your Will is the cornerstone of your estate plan. It should be reviewed every 2 to 3 years or whenever something significant changes.
Ask yourself:
Are your executors still the right people?
Do your guardians reflect your current wishes and your children’s needs?
Have your gifts or financial circumstances changed?
Does your Will still accurately reflect your family structure, especially if it is blended or has grown?
If the answer to any of these questions is “I’m not sure”, it is time for a review. Even what might seem like a small amendment, such as changing your executors, can have a significant impact.
2. Check your powers of attorney
These documents are often overlooked but are just as important as a Will. Powers of Attorney allow someone you trust to make decisions about your finances, personal matters and medical treatment if you cannot.
Take a moment to check:
Are the right people appointed?
Do you have appropriate back-ups appointed?
Do you need particular conditions added?
Many clients appoint someone and then forget to revisit whether that person is still appropriate as time passes. Your attorneys should be people who are organised, willing, financially sensible and capable of making difficult decisions under pressure.
3. Check your superannuation beneficiaries
Superannuation does not automatically form part of your estate. Your super fund can only be directed to pay your balance (and any insurance component) to a nominated beneficiary (including your estate) if you have made a valid nomination.
At this time of year, it is worth confirming:
Is your nomination binding or non-binding?
Is it still valid, noting many expire every three years?
Are the people you have nominated eligible superannuation dependents?
Many people don’t realise that parents, siblings and other relatives often cannot be nominated unless they meet strict dependency tests.
We regularly assist clients who assumed their super would go to a particular person, only to find the nomination was invalid or missing.
4. Review trusts, companies or business structures
If you operate a business, hold assets in a trust or share ownership in a company, the new year is a good time to check:
Who are the current directors, shareholders or appointors?
Do you know what the succession arrangements are of the trust or business?
Are the trust deed or company documents up to date?
Do decision-making roles still make sense?
Even small structural changes, such as a partner stepping back or handing roles to adult children, should be documented carefully to avoid future disputes or tax complications.
5. Update your personal information file
We encourage our clients to keep a simple, centralised file that includes:
Insurance and superannuation details
Contact information for advisers
A list of assets, liabilities and digital accounts
This is one of the greatest kindnesses you can leave your family. When someone dies or loses capacity, confusion around basic information can stall urgent decision making. A well organised file saves time, cost and emotional strain.
6. Organise your property documents
If you have bought, sold or refinanced property recently, take the time to organise:
Contracts
Titles or verification documents where electronic
Mortgage information
Settlement statements and rates notices
Clear property records are especially important for assessing capital gains tax and makes life significantly easier for your executor when the time comes.
7. For separated or blended families
This is one of the most critical groups to stay up to date, because assumptions can lead to unintentional outcomes.
You should revisit:
Superannuation nominations
Your Will, noting the competing obligations often involved in providing for spouses vis a vis children from a previous relationship.
Clarity prevents conflict. A well-crafted estate plan allows you to support your spouse while also protecting your children’s inheritances, a balance that requires careful and customised drafting.
When you should definitely update things
Certain events should automatically prompt a legal review of your estate plan:
A new baby
Marriage, separation or divorce
A beneficiary becoming vulnerable whether by family law breakdown, mental health issues or drug or alcohol addiction
Buying or selling property, including investments
Starting or vesting a trust
A major shift in assets or financial position
Changes in health for you or a loved one
If any of these happened in 2025, now is the time to act.
A few years ago, we met a family navigating the estate of their late father. He had prepared a Will 15 years earlier when his children were young, appointing his brother as executor and leaving everything to his then spouse.
By the time he died, life had changed dramatically. He had divorced, repartnered, purchased new property and one of his adult children was financially vulnerable. None of this was reflected in his Will.
The result was confusion, delay and unnecessary legal cost. It was exactly the outcome he would have wanted to avoid.
Had his Will been reviewed even once in the previous decade, his wishes could have been clearly documented, his children protected and the administration far smoother. Instead, his family had to make difficult decisions in an already heartbreaking time.
This experience is incredibly common. Out of date documents rarely cause problems while you are alive but they create significant challenges for the people you leave behind.
Make January the month you get it sorted
You do not need to tackle everything at once. Think of legal housekeeping as a series of small, sensible steps.
Start with one item, such as your Will, your Powers of Attorney, or simply confirming your superannuation beneficiaries. Each step creates clarity and reduces mental load.
At McManus and Co Lawyers, our role is to make this process approachable, personal and stress free. We take the time to understand your family, your values and your goals so your estate plan not only protects your assets, but also supports the people you care about most.
If it has been a while since you last looked at your documents, or if you are unsure where to begin, we are here to guide you.
Ready to get organised
Make 2026 the year you finally get your legal life admin in order.
Book a quick estate planning review
Update your Will or Powers of Attorney
Ask us where to start if you are feeling unsure
A short conversation can save your family months of stress in the future.
Book your New Year Legal Check In here:
Here’s to a year of clarity, confidence and peace of mind.