What Does Your Estate Plan Need To Cover If You Own A Business?
Although everyone should have a comprehensive, personalised estate plan, if you own a business it is particularly important that you get your affairs in order.
This is because there are additional risks that you face when you have a business that you want to protect and pass on to your family.
Exploring what may happen at your business in the event of your passing can be uncomfortable, but it is essential. Only once you bring potential issues into the light can you take the right steps to address them.
For example, without proper planning your business continuity could be interrupted. Or shares and voting rights could be frozen, which would leave your partners or family unable to make decisions to keep the company going.
Another challenge for business owners is inheritance tax, because a large bill could mean your loved ones are forced to sell part or even all of your business to cover this charge.
The following are the key areas you need to consider as a business owner – and these are all areas that your
estate planning solicitors in Essex, or wherever you live, should discuss with you.
A will
This is an essential part of any estate plan, whether you have a business or not. As a minimum, though, business owners should have a will that sets out their wishes to ensure as smooth a transition as possible in the event of their death.
As part of the process of writing your will, you will need to list all of your assets and liabilities. This gives you an opportunity to put a plan in place to handle any debt associated with the business, for instance, so that your family does not have to manage this when you pass.
Inheritance tax
Without proper planning inheritance tax can become a real headache for your family. There is business relief for inheritance tax, but the rates are capped at a certain level and do not apply to all assets.
This is why it’s important to consider how you will mitigate your inheritance tax liabilities as part of your estate plan.
Succession planning
This means you have thought about who could take over from you in running your business when you retire or should you fall ill or pass away.
The earlier you are able to think about your
succession plan, the better, because this gives you an opportunity to pass on your knowledge and help shape the way in which the transition will occur.
It also provides clarity and security to all those who work in your company, because it means there is a defined plan to follow and a path to take your business into the future.
Business lasting power of attorney (LPA)
Personal LPAs that give an appointed loved one the authority to make decisions on your behalf are commonplace – and important.
A business LPA provides the same authority to someone you trust to manage your business in the event that you are unable to do so.
This means that the person (or people) you appoint as guardians under your LPA would be able to carry out practical tasks, such as paying salaries or bills, if you were unable to do so.








