Why should your Business be written into your will?

Business wills


Many Advantages and benefits to how you set up your Business, and what is right for you, for example being a Sole Traders, to say running Limited companies Small, medium and large corporations, public limited companies and Trading Umbrella companies, all formats should be considered.


What would you include in your Will, is your Business, the option for Directors and shareholders to buy and sell shares, How to value, and sell, the company, and who will operate the company in the event of A director or one or both partners Decease.


Having An Executor in a will is the best way, and Asking who will take the position of responsibility and discussing Business Succession planning with other Directors and shareholders.


What happens to your business when you die without a will?


The Business is part of your Estate, You instructive intestate (without a will). The court becomes the Intestate, executing decisions on behalf of your now Deceased, Companies without a Will in place fail to operate, trade, and open serving both staff and customers.


Can end up in Probate, Inheritance tax can be hefty and Bills, debts have to be repaid, Quite Scary to think many set up Companies with no Death planning in place for the what if’s as and when they occur.


What happens to the other Business owners/Director in the meantime


Without a Will, if a Business was set up with one Sole trader or one Director, the Business cannot operate, if you have a partner or another director, the business can be run, as long as the company's articles of association are written in place from minutes of meetings, what to do in the event of Death.


Companies house rules Business with or without a will


The remaining director can appoint the deceased shares to a new director. Or decide if to sell the company or Sell Shares.


Why Business should be written into a will


Question to ask yourself who will run the Business, from Directors, shareholders, family, Siblings, Children, and friends, Consider discussing the role with someone to ensure they want to take the role, Also if you have a partner, you should both consider what to do in the event of either, and shareholders.


Other factors, like how likely is it to grow, what is its value, Property, Assets, like machinery, customer bank or Digital asset, and sales income and revenue.


You can appoint an interim Director, Chairman, Secretary, Administrator, To be able to execute your plans, and directives set out, giving Aid, to those who took over a position of responsibility to ensure the company can operate.


Many do not realize they set up a Business what happens in the event of Death?


By appointing an Executor of the Estate, to give instruction to the Intrium or the other partner, shareholders, They can take over The role and Business can still commence whilst the Executor, is administering or using a probate service that we offer to Do the work for you if busy, or you do not understand the legal duties to Be An Executor.


This can have serious consequences for both directors and shareholders. We spend our time planning education, classes, employment, marriage, home, and Business, yet we have found many have not considered what will happen in the event of death to a Business that is at least the minimum set up into a will.


What happens in Death?


Speak to us about putting your Business in a will.


Consider, you are a Director/s appointing Shareholders, into the memorandum or Articles, and what happens to those shares upon death, how are they appointed without a Will for either remaining Director, and or shareholder.


Without a will the company can go into probate and administration, leaving the company unable to operate and shareholders unable to benefit and continue to run the operation.


So you have appointed shareholders what happens if they die?


First Check your Articles of Association and shareholder agreement.

Without a will directing your wishes beneficiaries could end up not benefiting due to intestacy rules, or within the will directions were given to the beneficiaries on their own duties, obligations without a will First issue is the company may not operate, run, open, trade and continue to provide a service for both the staff and bring an income.


Without Directives beneficiaries may have no desire to be involved in the Business, so with Business succession planning within a will, you can see who best suits which roles, in such circumstances arise, for Business operators, who want to ensure their Company service or products can operate even after their Death.


Writing Business into wills


Preserving Assets for Future generations, Directors, shareholders.


Best Advice for Businesses that need a will.


To have Effective, Business written into the will, if you have a Memorandum of Articles, these need to be read and reviewed to ensure it is written in the minutes of the session and Any changes that come into effect. Any Writing a Trail, administration, writing takes a process, the more You have organized your affairs,


Our Business, Wealth preservation, tax-saving consultants can Give Advice on writing the will and provide the service and ensure, they have checked your memorandum of Articles are up to date and instructions were given to other, director or partners in the event of death.


Wills are involved in succession planning, They can be then handed over, or down to those, whom you want to benefit, from what you have done, and earned so they can continue to.


Succession planning ensures business continuity performance, everyone knows what to do on the evening of losing a loved one a Business partner.


Then the shift of leadership if other Directors taking over or visa versa to preserve Business assets for future generations.


Why do I need my Business written into my will


What will you do if your partner has to sell your business if you pass away if the company is at risk of Divorce, creditors, and long-term care fees?


The biggest Creditor will be the crown and state, through probate administration, without a will the company has to pass through this, whilst the other Partner or director is running the company not knowing, what IHT, debts, and Creditors have to be paid, and if there is Value, equity in the Business this can be used to clear the Estate.


You are providing management not only whilst alive, but in the event of your death, As a Director, you are offering Financial Stability for the other director, their wishes and yours, what is to happen to the company and shares in the event of death, when written into a will, and Plan by the Memorandum of articles, clear instructions written whilst transitioning the position of Responsibility onto the other director/partner.


What happens if I appoint a Family member?


Check if the family can run the Business, have prior knowledge, or even want to, What about shareholders becoming Director,


It is very important to have a will for any Business owners, and 80% of Company Directors, have no will, whilst the smaller percentage have a will, that should be Financially Reviewed by Someone who involves themselves in Wealth preservation and Business succession to ensure, you have covered topics such as inheritance tax saving and what to do, if you are Unwell or when facing the inevitable.


Writing Business into wills are important Estate planning measures you should take if you have any type of business that can benefit another or gift in the event of your death.


Estate planning for Business owners


The ultimate goal is to save Tax from the crown and state. Death planning for Business owners is a strategic plan for Future Growth from your hard work time and money so that those whom you want to benefit can once you are gone.


Looking at potential IHT and Tax planning becomes part of death planning and should be addressed, and Looked at every 5 - 7 years. Sitting with A consultant in writing wills, Death, and Business succession planning.


Launching a plan, and Placing agreements in place, gives a clear record, and instructions to the others whom you want to benefit, other Director’s Shareholders, and or family.


We hope this advice and information has explained what a business will or including your Business in a will really mean. How to benefit those whom you wish to execute your plans you had for Partner or family.


Do you pay Inheritance Tax on a business?


Yes, you pay inheritance tax on all your estate your title, the name was part of, including your Business.


Inheritance Tax planning with Business succession can help achieve the best outcome to look at wealth preservation for the Beneficiaries whom you have made testament to your wishes.


Companies house - Inheritance tax payments


Can a company be a Beneficiary of a will?


Of course why a Will is an important legal document directing your wishes and requests in the event of your death. Death planning, Business succession, and wealth preservation all work in Tandem. Knowing that by planning your Wishes and directing them through your will, you others can continue to grow and develop a Business.


Many People who do not protect their Business a will, find out that the Business ceases to operate if run by a sole trader, or one Director, paying off Taxes, debts and Leaving The Staff without A company to work in and having to find other work and all that you did is undone on death and given to probate and in many instances Businesses simply close and never re-open.


What to Do If You Inherit A Small Business


Now you have died intestate or testate, if you are Director or partner, the company can still run, whilst you may not know if The other Business owner died Intestate, what will happen.


If you inherit a Business with a will in place you follow the instructions given. You can hand your Business over in stage, i.e training, and gifting them in shares, or partnership as they enter into an agreement, or they can own it outright with a will.


As the new Beneficiary written into a will you can do the following;


  1. Sell or transfer the business to a family member.

  2. Selling the business to trusted employees.

  3. Selling the business to Co-owners.

  4. Selling via employee stock ownership plan.

  5. Selling the business to an outside third party.

  6. Lease to own.

  7. IPO or Initial public offering.

  8. Becoming a passive owner.

Business ownership brings a complex element into the Probate process.

Business relief and Inheritance tax

Guide to completing your IHT tax account

We are here to help you with inheritance tax or mitigate it in the form of Wealth preservation and Business succession, we will guide you through the probate process.

If you like us to consult you and give advice on your personal situation regarding your Business affairs, Call, email, or via our contact form and we arrange a Virtual or face-to-face meeting.

Covering all Estate planning for Business owners

2 views0 comments

Recent Posts

See All