Business Succession Planning

• Sole Trader
• Partnership
• Joint Venture
• Cooperative
• Limited Liability Company

There are so many things to consider and because no two circumstances are the same, things like: the interests of the business, employees, beneficiaries, co-owners and customers have to be taken into account in order to figure out what the best action to take is.

What happens with the business is ultimately the biggest decision to make regarding the succession of your business, but there are 3 primary options.

• The first is selling the business and splitting the proceeds amongst the beneficiaries named in your Will.
• The second is to close the business upon your death, having its assets sold and the money either given to beneficiaries or debtors depending on the financial state of the business.
• The third and final option is for the business to continue to run as it currently does, but with someone else at the helm.

Deciding on the right selection, order, and implementation of some or all of these options requires careful consideration.

In England and Wales, a Business Succession Trust is a legal arrangement designed to transfer ownership of a business, while ensuring that the business can continue to operate smoothly. The Trust is typically set up by the current owner of the business, who transfers the business assets into the Trust and designates beneficiaries who will eventually receive the assets.

The purpose of a Business Succession Trust is to provide a structured and tax-efficient way of transferring a business to the next generation, while minimising the impact of Inheritance Tax and other taxes. By transferring the business into the Trust, the current owner can retain some control over the business, while gradually transferring ownership and management responsibilities to the beneficiaries. Here are some common types of business succession trusts in England and Wales:

• Family Trusts – Family trusts are a type of trust that is designed to benefit multiple family members, such as children or grandchildren, who may eventually take over the business.
• Employee Ownership Trusts – An employee ownership trust (EOT) is a type of trust that allows employees to gradually acquire ownership of a business over time, often through a share ownership scheme.
• Discretionary Trusts – A discretionary trust is a flexible type of trust that allows the trustee to distribute assets to beneficiaries at their discretion, based on the needs and circumstances of each beneficiary.

Setting up a Business Succession Trust can be complex, and it is important to seek the best professional advice. The right structure will depend on a variety of factors, including the size and complexity of the business, the goals of the current owner, and the needs of the beneficiaries. For more information about Trusts, click here to check out our Trusts page.

Although the term business succession implies the death of a business owner and Lasting Powers of Attorney only apply while someone is living. It is worthwhile thinking about what would happen to your business if you lost mental capacity in the same way that you would if you were to pass away. Find out more about Business Lasting Powers of Attorney.

Although a Will alone can’t deal with all of the complexities that come with the succession of a business when the owner passes away, it is always important to have one in place to deal with any simple business or personal matters and to ensure that your Will works in harmony with the documentation which governs your business, not in conflict with it. Find out more about our Will services here.