Law News and Tips

New Year’s Resolutions

Fred Vilbig - Thursday, December 31, 2015

New Year’s Day is fast approaching. That got me thinking about New Year’s resolutions. They’ve always struck me as kind of an odd tradition, so I wondered where this practice started.

It turns out that the practice of making resolutions at the beginning of the year is a very old practice … at least 4000 years old, in fact.

The earliest record of New Year’s resolutions comes from Babylon. For them, the new year began with the spring equinox. They would return borrowed items and pay their debts. They would also make vows to their gods in the form of resolutions. Whereas we routinely forget our resolutions, the Babylonians were more fastidious about keeping them because they felt they would please the gods if they kept them and anger the gods if they broke them. That’s pretty good motivation. You don’t want to anger the gods.

The practice of making resolutions at the beginning of a new year was continued by the Romans about 2000 years later. Julius Caesar, however, changed the beginning of the year to the winter solstice and said the resolutions should only be made to one of their gods, the two-faced Janus. Janus had the peculiar ability to look to the past and to the future, but I don’t think he could see the present. That would’ve made driving difficult.

The early Christians also had a type of New Year’s resolution. They would pause to reflect on the failings of the past year, and resolve to amend their ways in the coming year. This tradition has continued in some Christian denominations that hold “watch night services.”

In our current society, New Year’s resolutions have a less moral tone to them. Yes, some people resolve be better people; to be nicer, more charitable to others. But most resolutions seem to be more about self-improvement: lose weight, stop smoking, exercise, and reduce stress, that sort of thing. So many times people make resolutions only to abandon them (if not forget them) within a week. As Americans, we don’t seem to have much fortitude for self-improvement. Self-indulgence, yes, but not self-improvement.

I’d like to propose a resolution for you. If you have an estate plan that is 10 years old, or even 20 years old, take it out and look at it. See if it does what you want it to do now. Consider whether the laws have changed. Do you still want the people you named to be in charge of things? If your plan needs a tune-up, resolve to get things in order.

If you don’t have a plan in place, resolve to do an estate plan in 2016. Not one off the Internet since those have landmines in them. And not just “pay-on-death” or “transfer-on-death” clauses, since those are only Band-Aids fixes. Talk to an attorney, and get a real plan.

But most importantly, resolve to keep this resolution. I run into a lot of people whose parents waited too long to do something. It’s too late to plan after death.

And on that happy note, I’d like to wish you and your family a Happy New Year!
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