Article

A Business "Will" Can Go a Long Way

A Business “Will” Can Go a Long Way

Essential for sole proprietorships and partnerships, a business will is a comprehensive estate planning tool that can include everything from management plans, and other documents necessary to a company’s continued operation and future health, to shareholder buy-sell agreements. Preparations made ahead of time will bring a smooth transition for the business you’ve worked so hard to build.

November 9, 2021
A Business “Will” Can Go a Long Way
Important Disclosure: Content on our website and in our newsletters is for informational purposes only. The information provided may (or may not) directly apply to your situation. We recommend that readers work directly with a professional advisor when making decisions in the context of their specific situation.

A business will is far more than a legal document designed to transfer assets upon the death of an owner or partner. It is a comprehensive estate planning tool that can include everything from management plans, and other documents necessary for a company’s continued operation and future health, to shareholder buy-sell agreements.

An estate planning team consisting of a lawyer, accountant, and qualified financial and insurance professionals can help you develop a business will, including all necessary documentation. There are established methods for transition that can help leave your company and successor management free from unnecessary worry or jeopardy. In addition, through carefully planned life insurance and disability income insurance, the transition can be properly funded to help avoid substantial losses that might otherwise occur.

A business will should be clearly written to address such questions as:

  • Does the owner wish the company to be continued, sold, or liquidated?
  • If the company is continued, who will have the authority to continue its operation?
  • If the company is sold, who are the desired or potential buyers and will they have the funds to complete the purchase in a timely fashion?

Points to Consider

A business will is essential for sole proprietorships and partnerships because they must cease operation upon the death of an owner or partner. If a family member or executor attempts to operate the business without the proper authority that can be granted through a will, he or she may be held personally liable for all debts incurred and any decline in the value of the business. In contrast, the deceased’s heirs are entitled to all profits from the business.

For sole proprietors the business ends and the business assets and liabilities become the assets and liabilities of the estate. If a sole proprietor does not want to change the form of business ownership, but does want to retain the business, the planning concerns involving the administration of the business during the estate settlement period, and the continuation of the business after the estate has been settled, need to be addressed. The proprietor’s will must give the executor certain powers during the period of estate administration such as: 1) the power to retain the business interest indefinitely; 2) the power to do everything possible to operate the business successfully; 3) the power to re-organize the business, incorporate it, or merge it with another business; and 4) the power to borrow money, if necessary, to help the estate meet its need for liquidity.

Some objectives can also be accomplished while the owner is alive—through the purchase of shares by the successor owner or manager, or through the creation of a corporation, which has continuing life as long as a shareholder is competent to vote the stock and make business decisions.

In Transition

To effect a smooth transition, upon the owner’s death, suppliers and customers should be notified through appropriate means that a successor business is in place and will assume the responsibilities and obligations of the prior business.

The surviving spouse should be kept informed of decisions regarding the succession or disposition of the business— for his or her own welfare, as well as to help maintain the stability of the company throughout the transition.

Employees need not be given specific details of the transition or confidential information, but they will appreciate being informed that arrangements have been made to safeguard their welfare.

In Your Best Interest

Planning for the transition of the business you have spent many years building is not an easy task. However, taking steps now to prepare a business will and the accompanying documents can help ensure your business continues according to your wishes.

Other content you may like

  • What's Driving the Market

    Podcast Highlight - Taming Inflation with Rate Hikes

    June 14, 2023
    After unprecedented rate hikes, did they work? The team discusses the changes to inflation and gives insight into where rate hikes may go from here. Are there indications of how far rates can rise without causing more problems?
    Read this Article
  • NOV Student of the Market

    Historic Stock and Bond Streaks

    November 29, 2023
    Is there potentially peak pessimism for bonds? Check out past stats for losing streaks for stocks and bonds, as well as long-term bond returns and starting interest rates. Take a look to see how not all stocks within the S&P500 are the same and find the historic sweet spots for stock and bond returns during a Fed pause.
    Read this Article
  • Are You on Firm Financial Footing, “Personally” Speaking?

    Are You on Firm Financial Footing, "Personally" Speaking?

    January 11, 2022
    Your personal finances matter, even though you may be busily focused on your business plan. Juggling the responsibilities of your business and your personal affairs is a challenging task. However, it’s important to take some time out of your busy schedule to review your personal plan to help keep your personal finances on firm ground. Here are some suggestions that may help.
    Read this Article
  • Time to Consider Your New Year Resolutions

    Time to Consider Your New Year Resolutions

    January 1, 2023
    The New Year is a great time to make a commitment to get your finances in order. With proper planning and appropriate guidance, your resolution to make your finances a priority can begin to build financial stability to prepare you for the uncertainties of tomorrow. The New Year is offering you a fresh beginning.
    Read this Article
  • The link you have selected is located on another server. The linked site contains information that has been created, published, maintained, or otherwise posted by institutions or organizations independent of this organization. We do not endorse, approve, certify, or control any linked websites, their sponsors, or any of their policies, activities, products, or services. We do not assume responsibility for the accuracy, completeness, or timeliness of the information contained therein. Visitors to any linked websites should not use or rely on the information contained therein until they have consulted with an independent financial professional. Please click “Continue to Link” to leave this website and proceed to the selected site.
    phone-handset