Back
Get in Touch Menu

Succession planning for business owners; top tips

20 September 2019

If something unexpected befell one of the key people involved in running your business, what would happen?

It is important that every business has a crisis plan in place to make sure that the business can operate without key individuals if needs be. This should amount to a review of not only their constitutional structure, but also of the personal affairs of the individuals involved.

In family businesses in particular, it is not uncommon for the founding members to remain involved in the running of the business into their later years. Something that is rarely considered is the potential for a lack of capacity or even unexpected death of key individuals.

In each case most people assume that their partners could manage without them or that their family could take their place. However, this may not necessarily be the case: business accounts may be frozen, leaving your partners unable to operate the simple every-day tasks of paying bills and salaries. It may be months before the account can be accessed, by which time it is possible that the business will have suffered irreparable damage.

Therefore, it is vital that all business people put in place lasting powers of attorney for their business interests and select sensible and competent attorneys to take the reins. In fact, in some industries a business partner who fails to put such provision in place may be non-compliant with their professional regulations.

It is also important to make sure that the provisions of your will are sensible and suitable to the needs of both the business and your family.

The correct combination of cross-option agreements and insurance policies can offer business partners the comfort of retaining control of the business following the death of a partner, whilst also ensuring that the cash benefit of that interest ends up in the hands of the bereaved family.

These documents need to be drafted carefully to ensure that any available inheritance tax relief is not inadvertently lost in the process.

As always, if you need pragmatic legal advice, we’re here to help so please get in touch.

Contact us

Disclaimer: All legal information is correct at the time of publication but please be aware that laws may change over time. This article contains general legal information but should not be relied upon as legal advice. Please seek professional legal advice about your specific situation - contact us; we’d be delighted to help.
Contact
Rachel Sugden LLB (Hons), TEP
Partner
Rachel Sugden
View profile
Share this article
Resources to help

Related articles

Commitment to collaborative divorce strengthened with three lawyers qualified in Resolution Together

Family, relationships & divorce

Willans has three qualified legal practitioners in Resolution Together, a forward-thinking approach to divorce and separation which enables couples to work with a single lawyer to reach agreements constructively and…

Willans
Solicitors

Property misrepresentation and the new TA6 Form: What buyers need to know

Litigation & dispute resolution

The new Property Information Form (TA6) sixth edition became mandatory from 30 March 2026. Our property disputes experts share their guidance on property misrepresentation and the new TA6 form. If…

Kafula Chipasha LLB (Hons)
Associate, solicitor

Family loans and the law: why informal agreements can lead to disputes

Disputes

When money changes hands between family members, it is often done informally and with the best of intentions. Parents may help children onto the property ladder and relatives may provide…

Tom Gordon LLB
Trainee solicitor
Contact us