Why Do You Need An Estate Plan If You Own A Business?

Ravi Solanki • August 1, 2026

If you run your own business, you can’t afford to ignore estate planning. It might feel like an activity that can “wait until later”, but the reality is that you need certain mechanisms in place to protect your company in the event that you’re not able to run it any longer.


This might be due to retirement, ill health or your passing. Whatever the reason you have to step away from your business, it’s essential that you have a plan in place to protect what you’ve built and the legacy you’ll leave. 


To put this in perspective, research from
Legal & General found that 26 per cent of small and medium enterprises (SMEs) in the UK would close as soon as a key person, like a founder, became seriously ill or passed away. 


It isn’t just a hypothetical question either. The survey found that among SMEs who had lost a key person due to illness or death, 30 per cent reported that it had impacted their profits. 


What do you need to consider when estate planning for your business?

There are several foundational elements to consider as part of your estate plan to ensure continuity for the running of your business. These are:


  • Business will
  • Business continuity plan
  • Business lasting power of attorney (LPA)


In addition to these three elements, you may also want to consider using trusts and other agreements to ensure that your business can continue to operate smoothly when you’re no longer there to manage it. 


Business will

This might be part of your will, rather than an entirely separate document, but either way it should set out who should take ownership of your company in the event of your death, as well as who you want to manage the business. 


These might not be the same people – if you have a strong manager in your company, you may want them to take over the reins operationally, for instance, while your family retains ownership of the business as a whole. 


You can think of a business will as a succession plan. It is a living document that you should revisit and update regularly as circumstances change. 


Business continuity plan

Every business should have one of these in place to outline how you’ll deal with any significant disruption


While these are often framed as a way to ensure your business can continue to operate if it suffers a cyber attack or natural disaster, they are just as useful when considering your estate planning. 


A business continuity plan is an exercise in strategic risk management and it is worth its weight in gold should your company face any major disruptions. 


Business lasting power of attorney

This is similar to the property and financial affairs LPA that you would set up to enable a chosen loved one to manage your finances for you in the event that you are incapacitated. 


A business LPA, as the name suggests, is a legal mechanism that will allow someone you trust to keep your company operational, by giving them access to the business bank accounts, payroll and other essential systems. 


In some cases, this scenario can be covered by your company’s articles of association. However, it is always best to check what provisions are in place. 


This is why we advise
booking a Clarity Call with one of our experts to ensure you receive tailored advice about how to incorporate your business into your estate plan.


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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.