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A will, or a last will and testament, is a legal document that describes how you would like your property and other assets to...
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If you don’t have a legally binding will in place before you die, the law of England and Wales will follow the rules of...
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Very much so. In 2013, after a lengthy consultation, the British government confirmed their belief that the will-writing market should be diverse and not...
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No. The British government confirmed in 2013, after a lengthy consultation, that the will-writing market should be diverse and not limited to solicitors.
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We are a nation of animal lovers so it is only natural that we would want to make sure that our pets are catered...
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For any parents, ensuring their children's well-being and protection, especially in their absence, is paramount.
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When someone dies, it's not just their assets that are left behind; they may also leave behind debts.
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Estate planning is not just for the super-rich. Whether you have a sprawling mansion or a small flat, some savings, or even just personal...
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One of the most important elements of drafting your will is appointing an executor. Here, we'll explore what an executor of a will is...
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Upon a person’s death, the responsibility of dealing with their estate often falls to an appointed individual known as the executor.
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Drafting a will is one of the most significant legal decisions you will make. It ensures that your assets are distributed according to your...
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Upon your death, only the designated executor possesses the legal authority to view your will. However, if probate is required to manage your estate,...
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In estate planning, will trusts (also known as testamentary trusts) serve as essential tools in ensuring that a person's assets are distributed and managed...
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As life changes, there may arise a need to make alterations to a will. Instead of completely rewriting the entire will, one can make...
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One of the essential aspects of creating a will is determining the gifts or legacies you want to leave behind. Let’s delve into the...
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When an individual dies without having made a valid will, they are said to have died "intestate." In the UK, specific rules called the...
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The fate of one's home after death is primarily governed by wills, intestacy rules, and sometimes, trusts.
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The process of witnessing and signing a will is key to authenticating its validity. There are strict regulations surrounding this process.
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In drafting your wills and researching estate planning, a term you may come across is "testamentary capacity". It’s essential to understand its significance as...
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Writing a will is an important step to ensure that your wishes are carried out after your death, but the process does not end...
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Once you have drafted, printed, signed, and had your will written, it is paramount that your will is kept in a secure location, both...
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What about those more personal messages and sentiments that one might wish to convey to loved ones? This brings us to the question: Should...
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This glossary provides a basic understanding of some of the terminology used in the writing of a will in England and Wales.
plan this way
Life Planning & ProtectionWhat Happens to a Business When the Owner Dies?
In the UK, there are specific rules and regulations that dictate the fate of a business upon the death of its owner.
It’s important for entrepreneurs, partners, and stakeholders to understand these rules to ensure a smooth transition and minimal disruption. Here’s a comprehensive look at the options and decisions that may need to be made.
Sole Traders
If you’re a sole trader, your business isn’t a separate legal entity from you. This means that when you die, your business assets and liabilities will be treated as part of your personal estate.
What Happens Next?
- Your executors (people you’ve named in your will to deal with your estate after you die) can decide to either sell or continue the business.
- If you haven’t left a will, the Intestacy Rules will dictate how your assets are distributed, which could impact the continuity of the business.
Partnerships
A partnership in the UK ceases to exist upon the death of a partner, unless there’s an agreement in place that says otherwise.
What Happens Next?
- If there’s a Partnership Agreement, it will likely outline the process for what happens upon the death of a partner. This can include buying out the deceased partner’s interest or continuing the business with the heirs.
- Without such an agreement, the partnership dissolves, and the assets and liabilities are settled accordingly.
Limited Companies
A limited company is a separate legal entity from its owners (shareholders). Thus, even if an owner dies, the company continues to exist.
What Happens Next?
- Shares owned by the deceased will form part of their estate and will be passed on as per their will or the Intestacy Rules.
- The company’s Articles of Association might also have provisions dictating what happens to the shares upon a shareholder’s death.
Business Succession Planning
To ensure your business continues or is disposed of according to your wishes, it’s essential to engage in business succession planning.
Things to Consider:
- Drafting a will: Make sure it’s up to date and clearly states your intentions regarding the business.
- Creating a partnership or shareholder agreement – This can establish procedures for what happens if a partner or shareholder dies.
- Insurance – A life insurance policy can provide the necessary funds to buy out a deceased owner’s interest, helping ensure business continuity.
- Identifying successors – Whether they’re family members or key employees, knowing who will take over can help ease the transition.
- Tax Implications – The death of a business owner can also have significant tax implications, especially concerning inheritance tax. It’s wise to consult with a tax professional to understand potential liabilities and explore reliefs available, such as Business Relief.
The death of a business owner can bring about a period of uncertainty for a company. However, with proper planning and understanding of the rules in the UK, it’s possible to minimise disruption and ensure that the business continues to thrive or is passed on according to the deceased owner’s wishes.
Business owners are encouraged to seek legal and financial advice to make informed decisions for their businesses and loved ones.