Why sudden death could be a living nightmare for your business

By Taylors Solicitors

12 Jan 2018

No sooner had the festive cheer faded then the headlines were filled with misery — storms, political tension and even an outbreak of ‘Australian flu’ which spread rapidly across the country.

One report claimed that more than 4.5 million people have been affected over the last week alone with hospitals creaking under the strain. Thankfully the vast majority will make a full recovery. However, others may not be so lucky.

And OK, you may not care any longer, but spare a thought for the people you’d leave behind. When a sole shareholder-director dies one of the first things their ‘personal representatives’ need to do is appoint a new director, that way the business can continue running effectively. They also have to register the transfer of shares to new ownership.

The only relief available would be to make a court application to replace the deceased’s name with the representatives on the register of members. However, it’s a costly process where the outcomes are by no means certain.

The owner’s daughter approached us to urgently look at the matter when the bank froze the company’s account despite the business continuing to operate. As a result they could not pay any wages to employees or deal with outstanding debts.

However, the court made it very clear that this was an exceptional case and such relief would not be automatically available in all circumstances. This case highlights the difficulties faced by a company when a sole shareholder-director dies and although a positive result was achieved for our client, there is a way to avert these problems. If you would like to discuss how, please contact our Commercial Team today on 01254 297900 or via email [email protected].

Latest news

1

First of new Chinese electric vehicle showrooms to open in Lancashire Processed B9612b99 D7d4 4baf Be0e Bf84dbc87c2e

First of new Chinese electric vehicle showrooms to open in Lancashire

17 Aug 2026

2

Family business: Growing through the generations 3generations Who Currently Work In The Business Steve Dad Hannahdaughter And Gracegrandaughtermoorings

Family business: Growing through the generations

17 Aug 2026

3

Morecambe Business Improvement District given fresh five-year mandate David Waddington Chair L John Oneill Bid Manager R 1024x768

Morecambe Business Improvement District given fresh five-year mandate

14 Aug 2026

4

fulfilmentcrowd appoints Neil Midgley as director of operations Neil Midgley Director Of Operations

fulfilmentcrowd appoints Neil Midgley as director of operations

14 Aug 2026

5

Inheritance tax changes prompt planning review Stuart Maher

Inheritance tax changes prompt planning review

14 Aug 2026

Blackburn College (July-Aug 26)
Background image for hub sign up block

LBV Hub

Leverage Lancashire Business View platforms

Post your news
Post your events
Post your offers
Build your network
Improve your SEO
Gain coverage in the magazine
Sign-up
Events
LBV130 September/October Magazine Networking Event
LBV130 Magazine Launch Social720No Text 17 Sep 2026

LBV130 September/October Magazine Networking Event

The Beehive Blackburn, Shadsworth Business Park, BB1 2QS

08:30 - 10:30

Built Environment Conference 2026
BEC26 WW Logo720 24 Sep 2026

Built Environment Conference 2026

EG On The Move, Waterside Head Office, Blackburn, BB1 2FA

08:30 - 13:00

Sub36 Awards 2026
Sub36 WW Logo720 16 Oct 2026

Sub36 Awards 2026

Park Hall Hotel & Spa, Chorley, PR7 5LP

18:30 - 00:30

LBV131 November/December Magazine Networking Event
LBV131 Magazine Launch Social720No Text 19 Nov 2026

LBV131 November/December Magazine Networking Event

Lancashire

08:30 - 10:30

Lancashire Business Day 2026
LBD26 WW Logo720 27 Nov 2026

Lancashire Business Day 2026

Burnley Football Club, BB10 4BX

12:00 - 17:00

Finding, Getting and Keeping The Right People - FREE Workshop
Gemini_Generated_Image_iotoi2iotoi2ioto.png.png 20 Aug 2026

Finding, Getting and Keeping The Right People - FREE Workshop

The Wellsprings, Bolton, BL1 1SB

09:00 - 11:30

U35 Networking
Logo.jpg.jpg 25 Aug 2026

U35 Networking

The Royal Hotel & Bar, Lancaster, LA1 1YD

17:30 - 19:00

Build Your Business To Sell It - Even If You Aren't Planning To Sell - FREE Workshop
Gemini_Generated_Image_ysrasxysrasxysra.png.png 27 Aug 2026

Build Your Business To Sell It - Even If You Aren't Planning To Sell - FREE Workshop

The Wellsprings, Bolton, BL1 1SB

09:00 - 11:30

Preston Freelancer Meet-Up: August
Freelancer Meet-Up Square August.png.png 27 Aug 2026

Preston Freelancer Meet-Up: August

Society1, Preston, PR1 3LT

10:00 - 12:00

Chamber Breakfast Networking – September
Logo.jpg.jpg 03 Sep 2026

Chamber Breakfast Networking – September

Soul Bowl, Morecambe, LA4 4BU

08:00 - 10:00

Mediation in the workplace: a practical guide to resolving conflict
Mediation webinar.jpg.jpg 08 Sep 2026

Mediation in the workplace: a practical guide to resolving conflict

Online, Preston, PR1 3JG

12:00 - 12:45

Preston Tech Connection Hot Takes
PTC Square August (900 x 900 px).png.png 09 Sep 2026

Preston Tech Connection Hot Takes

Society1, Preston, PR1 3LT

18:00 - 19:30

Advertise with us

Reaching 50,000 members, our print, digital and event platforms offer a fantastic way to raise your business profile and help you grow.

Find out more LBV129 Online Graphic
Subscribe now

Weekly news bulletin