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








