Guide

What should business owners put in their will?

If you own a business, your will needs to do more than split your savings. What happens to the business can decide whether your family is protected or left with a problem.

Last reviewed 2 November 2026. General information, not legal advice. All guides

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The business and your estate are linked

  • Sole trader. The business is you. It ends on your death, and its assets become part of your estate.
  • Partnership. The partnership may end on a partner's death unless the partnership agreement says otherwise.
  • Limited company. Your shares pass under your will, but the company's articles or a shareholders' agreement may limit who can hold them.

Questions to answer now

  • Should the business carry on, be sold or be wound up?
  • Do your co-owners have the right to buy your shares, and at what price?
  • Where will the cash come from to pay any Inheritance Tax and keep the business running?
  • Who should be your executors? Someone who understands the business can make a big difference.
  • If only one child works in the business, how will you treat the others fairly?

Inheritance Tax reliefs

Business Property Relief and Agricultural Property Relief can reduce Inheritance Tax on qualifying business assets, but the rules changed from April 2026. Speak to your accountant about how they apply to you.

Do not forget

  • A Lasting Power of Attorney for property and financial affairs lets someone you trust keep things running if you lose capacity.
  • Shareholders' agreements and key person insurance are often part of the plan.

We write the wills and powers of attorney, and we are happy to work alongside your accountant and solicitor on the agreements.

Quick answers

Common questions

What happens to my sole trader business when I die?

The business itself ends. Its assets and debts become part of your estate and your executors deal with them, which may mean selling or winding up.

Can my business partner stop my family inheriting my shares?

It depends on your shareholders' agreement and the company's articles. They may give the other owners the right to buy your shares, so check them.

Do I need a Lasting Power of Attorney as a business owner?

It is strongly worth considering. Without one, no one can act for you if you lose capacity, and your family may need a court order to deal with the business.

Keep reading

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