What Does Your Estate Plan Need To Cover If You Own A Business?

Ravi Solanki • May 27, 2026

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.


estate planning
By Ravi Solanki August 13, 2026
Learn about the rules of intestacy in the UK and find out why a will and estate plan are so important if you want control over who inherits from your estate.
estate planning Loughton
By Ravi Solanki August 1, 2026
Discover the foundational elements of a business estate plan and why it’s so important to make provisions for what will happen to your company when you pass.
 Inheritance tax planning Romford
By Ravi Solanki June 30, 2026
Discover three simple steps to take if you are worried about the upcoming changes to inheritance tax on pensions to bring you and your family peace of mind.
estate planning
By Ravi Solanki June 18, 2026
Learn why writing a will is so important both for your peace of mind and ensuring your wishes are enacted, and also as part of your broader estate planning.
By Ravi Solanki June 1, 2026
Learn about inheritance tax and how quickly it has to be paid when someone passes away. Discover how planning ahead can give you and your family peace of mind.
By Ravi Solanki April 16, 2026
Find out more about what trusts are and how they work in the context of estate planning to understand if this could be a valuable tool to support your family.
By Ravi Solanki March 30, 2026
Learn about the different types of lasting power of attorney in the UK and why they are an important part of an estate plan to allow you to plan for the future.
estate planning in Woodford
By Ravi Solanki February 20, 2026
Learn why estate planning is not a scary process, especially when you’re guided by a professional. Discover how it can bring clarity for you and your family.
Estate planning services in Romford
By Ravi Solanki February 13, 2026
Artificial intelligence could be more of a hindrance than a help with estate planning, only providing uniform answers. Here are some of the pitfalls to avoid.
By Ravi Solanki October 22, 2025
Gifting money to children is a generous way to support their future, whether it's helping with education, a first home, or simply providing financial security. However, it's crucial to understand the tax implications to ensure your generosity doesn't lead to unexpected liabilities. In the UK, Inheritance Tax (IHT) plays a significant role in financial gifts. Currently, estates exceeding the £325,000 threshold are subject to a 40% IHT rate. Gifts made during your lifetime can potentially reduce the value of your estate, thereby minimising IHT. However, if you pass away within seven years of making a substantial gift, it may still be subject to IHT, depending on the timing and amount. Understanding What Constitutes a Gift Under UK tax law, a gift isn't limited to cash. It encompasses money, property, and valuable assets transferred without receiving something of equal value in return. This includes selling an asset to a family member at a price below its market value—the difference is considered a gift. Annual Exemptions and Allowances To encourage modest gifting, HMRC provides several exemptions: Annual Exemption : You can gift up to £3,000 each tax year without it being added to the value of your estate. If unused, this exemption can be carried forward one year. Small Gifts Exemption : You can give up to £250 per person per tax year, provided they haven't benefited from your annual exemption. Wedding or Civil Partnership Gifts : Gifts made on the occasion of a wedding or civil partnership are exempt up to £5,000 for a child, £2,500 for a grandchild, and £1,000 for others. Regular Gifts from Income : If you can demonstrate that gifts are made from surplus income and don't affect your standard of living, they may be exempt from IHT. Income Tax Considerations While the act of gifting money isn't subject to income tax , any income generated from the gifted money—such as interest or dividends—may be taxable for the recipient. For instance, if the gifted money is placed in a savings account, the interest earned could be subject to income tax, depending on the recipient's personal allowance and tax band. To learn more about how we can help you with gifting strategies and tax planning, visit our website: Sure Wealth . Key Tax-Free Allowances and Exemptions Annual Exemption Each individual has an annual exemption of £3,000 for gifts. If you don't use the full amount in one tax year, you can carry forward the unused portion to the next year, allowing for a potential £6,000 exemption in a single year. Small Gifts Exemption You can give small cash gifts of up to £250 per person each tax year to as many individuals as you like, provided no other exemption has been used for the same person. Wedding or Civil Partnership Gifts Gifts made on the occasion of a wedding or civil partnership are exempt up to certain limits: £5,000 to a child £2,500 to a grandchild or great-grandchild £1,000 to any other person These gifts must be made before the wedding or civil partnership takes place. Regular Gifts from Income Regular gifts made from your surplus income are exempt from IHT, provided they do not affect your standard of living. These can include contributions to a child's rent or savings account. It's important to maintain records demonstrating that these gifts are part of your normal expenditure. Navigating the intricacies of inheritance tax (IHT) in the UK can be daunting, but understanding the seven-year rule and Potentially Exempt Transfers (PETs) is crucial for effective estate planning. These provisions offer opportunities to minimise IHT liabilities when transferring wealth to your children. The Seven-Year Rule and Potentially Exempt Transfers (PETs) What Are Potentially Exempt Transfers? A Potentially Exempt Transfer (PET) refers to a gift made during your lifetime that is exempt from IHT, provided you survive for seven years after making the gift. This strategy is commonly used for wealth transfer to children, allowing assets to pass without immediate tax implications. However, if the donor passes away within seven years, the gift may become taxable. Understanding the Seven-Year Rule The seven-year rule stipulates that if you survive for seven years after making a gift, it becomes exempt from IHT. If death occurs within this period, the gift's tax liability depends on the time elapsed since the gift was made. Gifts made within three years of death are taxed at 40%, while those made between three and seven years benefit from taper relief , reducing the tax rate on a sliding scale. Taper Relief: Reducing IHT on Gifts Taper relief applies to gifts made between three and seven years before death, decreasing the IHT rate over time: 3 to 4 years: 32% 4 to 5 years: 24% 5 to 6 years: 16% 6 to 7 years: 8% This relief only applies to the amount of the gift exceeding the nil-rate band (£325,000), emphasising the importance of early planning. Gifts with Reservation of Benefit A gift with reservation of benefit occurs when you give away an asset but continue to benefit from it, such as gifting your home but still living in it rent-free. In such cases, the asset remains part of your estate for IHT purposes, potentially negating the tax advantages of the gift. To avoid this, you must relinquish all benefits associated with the gifted asset. Maximising Tax-Efficient Gifting Strategies Utilising Exempt Transfers Certain gifts are immediately exempt from IHT, regardless of the seven-year rule. These exempt transfers include: Annual exemption: You can give away up to £3,000 each tax year without it being added to your estate. Small gifts: Gifts of up to £250 per person per tax year are exempt, provided the recipient hasn't benefited from the annual exemption. Regular gifts from surplus income: If you have income exceeding your needs, you can make regular financial gifts from this surplus, which are immediately exempt from IHT. Investing in a Junior ISA Contributing to a Junior ISA is another tax-efficient way to transfer wealth to your children. These accounts allow tax-free savings and investments for children under 18, with annual contribution limits. Funds in a Junior ISA are not subject to IHT, making them an effective tool for long-term financial planning. Strategies for Tax-Efficient Gifting Effectively managing your wealth through tax-efficient gifting can significantly reduce potential Inheritance Tax (IHT) liabilities. By understanding and utilising available exemptions and allowances, you can ensure that more of your estate benefits your loved ones. Utilising Trusts: Managing Large Gifts Establishing a trust allows you to transfer assets while maintaining some control over them. This strategy can be particularly beneficial for business owners or those with substantial estates. However, it's essential to be aware of the "gift with reservation" rule, which states that if you continue to benefit from the asset after gifting it, it may still be considered part of your estate for IHT purposes. Junior ISAs and Lifetime ISAs: Gifting to the Next Generation Contributing to a child's Junior ISA or a Lifetime ISA is a tax-efficient way to gift money. These accounts allow your contributions to grow tax-free, providing a financial head start for the younger generation. It's important to note that while these gifts are exempt from IHT, they may have implications for other taxes, such as Capital Gains Tax, depending on the asset's nature. Documentation and Record-Keeping: Essential for Exemptions Maintaining detailed records of all gifts is crucial. This includes noting the date, amount, recipient, and the nature of the gift. Proper documentation supports any claims for exemptions and ensures that your estate is administered smoothly. For instance, gifts made under the annual exemption or the small gift allowance must be well-documented to avoid potential IHT charges. Professional Advice: Navigating Complexities Given the complexities of tax laws and the potential for changes, consulting with financial advisors or solicitors is highly recommended. They can provide personalised strategies tailored to your situation, helping you navigate the intricacies of tax planning and ensuring compliance with current regulations. Conclusion Planning your estate and managing inheritance tax can be complex, but with the right guidance, it doesn’t have to be stressful. At Sure Wealth (Strathmore UK Investments Limited T/A Sure Wealth), we specialise in estate planning, inheritance tax planning, business owner succession planning, and probate services. Our main goal is to ensure your wealth is protected and that your loved ones enjoy financial security. We’re committed to providing thorough, approachable support that makes estate planning straightforward and stress-free. Whether you’re looking to safeguard your assets or plan for the future of your business, our expert team is here to help. For personalised advice and peace of mind, contact Sure Wealth today at 0203 5511090 or email enquiries@surewealth.co.uk. Let us help you build a secure legacy that lasts for generations.