What Happens to Your Business When You Die? IHT and Succession Explained
Running your own business is more than just a source of income — it’s a legacy. But what happens to that legacy when you’re no longer around? For many entrepreneurs and company directors in the UK, the idea of death is far from the daily agenda. Yet failing to prepare for it could jeopardise everything you’ve built. From Inheritance Tax (IHT) pitfalls to succession mishaps, one oversight could mean financial disaster for your heirs or the collapse of your business.
This blog explores what happens to your business when you die, how IHT impacts business assets, the role of Business Relief, and what smart succession planning can do to protect your family and legacy.
Why Succession Planning Can’t Wait
The reality for UK entrepreneurs
According to multiple legal reports, more than half of UK adults still don’t have a valid will — and among business owners, many still haven’t named a successor or addressed ownership transitions. This lack of planning can result in confusion, costly delays, and even asset loss if your estate is forced to sell business interests just to pay tax bills.
Your death could mean:
- The business is forced to cease trading during probate.
- Staff are left without direction or leadership.
- Family members must sell business assets under pressure.
- The value of your life’s work is lost to tax or poor planning.
For family-run companies, the emotional impact of losing a loved one is only magnified by the financial stress that often follows. Succession planning is not just a legal formality — it’s essential protection.
Understanding Inheritance Tax (IHT) on Business Assets
The 40% question
Inheritance Tax in the UK is charged at 40% on estates valued above the nil-rate band of £325,000. If you leave your estate to your spouse or civil partner, there’s usually no IHT to pay right away. But once it passes on to children or others, IHT can hit hard.
What’s more, business assets are included in your estate’s value unless they qualify for specific reliefs — and that’s where Business Relief (formerly Business Property Relief) comes into play.
Changes are coming in 2026 and 2027
Currently, qualifying business assets may receive 100% relief from IHT. However, changes announced in 2024 mean:
- From April 2026, full 100% relief will be capped at £1 million. Any business assets over this will receive only 50% relief.
- From April 2027, pensions — including commercial property held in SIPPs or SSAS — will become subject to IHT. Heirs could be forced to sell those assets within six months to cover tax obligations.
These changes make pre-emptive planning more urgent than ever.
What Qualifies for Business Relief?
To qualify for 100% or 50% relief under the current Business Relief rules:
- You must have owned the business asset for at least two years.
- The business must be trading, not simply holding investments or passive income-generating assets.
- The asset must still be held at the time of death.
Relief rates:
- 100% relief applies to:
- Shares in a qualifying unlisted trading company.
- Sole trader or partnership business assets used in the business.
- 50% relief applies to:
- Shares in a listed company where the deceased had control.
- Land or buildings used by a business owned by the deceased.
It’s crucial to regularly review the structure and trading status of your business to ensure you maintain qualification.
What Happens to Different Business Structures?
Sole Traders
Your business is inseparable from your personal estate. When you die, business assets form part of your estate and are subject to IHT. Without instructions in a will, assets will be distributed under intestacy rules, which may not align with your intentions. If Business Relief does not apply, the tax burden could be significant.
Partnerships
If there’s a partnership agreement, it may specify what happens to your share. In many cases, a buyout clause allows the remaining partners to purchase your interest, often using life insurance policies. Without an agreement, your share becomes part of your estate and may be passed to family or beneficiaries, which could be complicated and disruptive.
Limited Companies
Shares in a private limited company can be inherited by named beneficiaries. However, the business may have a shareholder agreement or Articles of Association dictating how shares can be transferred. Some restrict ownership to existing shareholders or provide buyout mechanisms.
Succession must be planned — and documented — to avoid ownership falling into unintended hands.
The Financial Impact of Death Without Planning
Let’s consider an example:
Jane, a 62-year-old founder of a successful construction company, passes away unexpectedly. Her business is valued at £3.5 million and held in a limited company. She has two children, neither of whom work in the business.
- Without a will, her estate passes under intestacy.
- Business shares are now frozen in probate.
- Her children are forced to sell the company to cover IHT.
- They lose most of the proceeds to a rushed sale and tax.
This outcome could have been avoided with a:
- Will specifying share transfer or sale terms.
- Shareholder agreement giving business partners buyout rights.
- Life insurance to fund tax liability.
- Trust to protect and manage the business interest.
Pensions and Commercial Property: The 2027 Trap
Many business owners hold commercial property — like warehouses or offices — inside their pension scheme. Until now, these pension assets were typically IHT-free.
From April 2027, this changes. Pension assets, including properties and uncrystallised pensions, will become fully taxable under IHT upon death. That means:
- Your estate could owe 40% tax on property that can’t be easily liquidated.
- Your heirs may have just six months to raise the money — or sell.
This poses a huge risk to continuity and capital preservation. A pre-2027 review is vital if your pension is holding valuable business assets.
How to Build a Business Succession Plan
A good succession plan does more than name a successor — it secures the business, preserves value, and limits tax. Here’s what to include:
1. Create or update your will
Clearly specify:
- Who inherits the business
- Whether they receive shares or proceeds
- Any special provisions (e.g. voting rights, employment clauses)
Without a will, intestacy law governs distribution — and business assets can go to the wrong people.
2. Draft a shareholder or partnership agreement
These legal agreements dictate what happens on death or exit. They can:
- Offer buy-sell clauses
- Set valuation methods
- Ensure business control remains with desired individuals
3. Use trusts
A discretionary trust can hold business assets for the benefit of children or dependants while protecting them from immediate IHT or loss of control.
4. Take out insurance
Life insurance, held in trust, provides tax-free funds to:
- Cover IHT liabilities
- Fund a buyout
- Provide liquidity for business transition
Key-person insurance can also help the business recover from the loss of a crucial figure.
5. Start succession discussions early
Whether your successor is a child, manager, or external buyer, start training and planning years in advance. Sudden handovers often fail.
What You Should Do Before April 2026
With the IHT reform approaching, business owners need to act fast. Here’s a timeline of what to consider:
Task
Deadline
Why It Matters
Review ownership and structure
ASAP
Ensure it qualifies for 100% relief
Gift business assets
Before April 2026
Avoid new £1m cap and aggregation
Reassess pension holdings
Before April 2027
Pension assets will soon be taxable
Update wills and agreements
ASAP
Prevent unwanted legal outcomes
Set up trusts or insurance
ASAP
Build liquidity and control succession
Common Pitfalls to Avoid
Many business owners assume:
- “My family will automatically inherit and run the business.”
- “The company will just carry on without me.”
- “IHT won’t apply because it’s a trading business.”
These assumptions can be dangerous. Here are common mistakes to avoid:
- No valid will = no control over what happens.
- Business held via passive investment company = no relief.
- Ownership held less than 2 years = not eligible.
- Leaving shares to a non-spouse triggers IHT and transfer restrictions.
How Sure Wealth Can Help
At Sure Wealth, we specialise in supporting UK entrepreneurs and business owners with long-term wealth planning. Our expert advisers provide clear, actionable strategies to:
- Protect your family and business from heavy tax
- Navigate complex IHT reliefs and succession law
- Prepare for the April 2026 and 2027 changes
- Design tax-efficient ownership and transfer structures
- Ensure your business continues according to your wishes
Whether you're a sole trader, company director, or property investor holding business assets in a pension, we can help you stay one step ahead.
Call us today at 0203 5511090 or visit our contact page to schedule a free consultation.
Final Thoughts
Your business represents your vision, effort, and achievements. But without a proper plan in place, it could unravel quickly when you're no longer here. The combination of heavy inheritance tax, frozen shares, and unclear succession paths puts even successful enterprises at risk.
With proactive planning — including a clear will, tax-optimised ownership, strategic gifting, and a knowledgeable adviser — you can ensure your business continues to thrive and provide for those you leave behind.
Don’t let your life’s work become a tax burden or legal nightmare. Take control of your legacy today — and let Sure Wealth help you safeguard it for the future.




