Wills for business owners

By James Beresford, head of Wills, Tax, Trusts and Probate at Slater+Gordon.

I am often asked whether business owners must make specific bequests of their business interests in their Wills. The simple answer is “no”: shares in a private limited company can pass to nominated beneficiaries under the residuary clause of the Will.

However, it may be preferable for the spouse not to inherit business interests directly, as this may mean they would have an involvement in the day-to-day running of the company and this could cause issues for other shareholders/directors. There is a solution to this problem, which is to make a specific bequest of the business interests (shares) to a Trust.

By using a Trust in the Will, the surviving spouse can benefit from the shares (i.e. receive the dividend income) but as they will not own the shares, they will have no involvement with the day-to-day running of the business. If the business is trading, then Business Property Relief for Inheritance Tax may be available.

A Trust also allows an element of legacy planning; it would ensure the assets can remain in trust for up to 125 years. This could prevent a situation whereby future generations could squander and put at risk all the hard work the deceased had invested into the business during their lifetime; thus giving rise to the old saying: ‘the first generation builds the business, the second generation makes the business and the third generation squanders the business’.

Enjoyed this? Read more from Lancashire Business View

Latest news

1

Plans approved for Lancashire's tallest residential block Altura Preston

Plans approved for Lancashire's tallest residential block

29 Apr 2026

2

Wilson Mason Architects achieves Investors in People Gold accreditation Eleanor Wood

Wilson Mason Architects achieves Investors in People Gold accreditation

29 Apr 2026

3

Loom Loft partners with Clicky to support digital growth Boyd Hargreaves and Loom Loft

Loom Loft partners with Clicky to support digital growth

28 Apr 2026

4

Breck reveals £380m development pipeline Bourne Road

Breck reveals £380m development pipeline

27 Apr 2026

5

ICT Reverse hits record £11.8m turnover Sophie Gray ICT Reverse

ICT Reverse hits record £11.8m turnover

27 Apr 2026

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
Sub36 Networking - Outdoor Elements
Sub36 Outdoor Elements Logo1920x1008
Networking
29 Apr 2026

Sub36 Networking - Outdoor Elements

Outdoor Elements, Pump House Dean Wood, Trapp Lane, Burnley, BB12 7JD

09:00 - 11:00

LBV128 May/June Magazine Networking Event
Canva - Mag Launch
Networking
19 May 2026

LBV128 May/June Magazine Networking Event

Colne Market Hall, Lancashire, BB8 0HS

08:30 - 10:30

Funding Summit
Funding Logo Canva Mid
Summit
17 Jun 2026 - 17 Jun 2026

Funding Summit

Village Hotel Blackpool

08:30 - 11:00

Dazzle & Decadence
Dazzle & Decadence TryBooking Header.png.png
LBV Hub Fundraisers
30 Apr 2026

Dazzle & Decadence

Ainsworth Jewellers, 57-59 Darwen St, Blackburn, BB2 2BW

18:00 - 20:00

Manufacturing for Tomorrow Club
Example.png.png
LBV Hub Seminars
30 Apr 2026 - 30 Apr 2026

Manufacturing for Tomorrow Club

University of Lancashire, Preston, PR1 2HE

09:00 - 11:30

Blackburn Beer and Gin Festival 2026
Blackburn Beer and Gin Festival 2026
LBV Hub Social
01 May 2026

Blackburn Beer and Gin Festival 2026

BB1 8NB

17:00 - 23:00

Society1 Open Coworking Day
LBV Hub Networking
06 May 2026 - 06 May 2026

Society1 Open Coworking Day

Society1, Coworking Space, Preston, PR1 3LT

10:00 - 16:00

The AI Lab: E-commerce
LBV Hub Seminars
08 May 2026 - 08 May 2026

The AI Lab: E-commerce

Door4, Burnley Wharf, Manchester Road, Burnley, BB11 1JG

09:00 - 11:30

Emergency First Aid at Work
LBV Hub Seminars
08 May 2026 - 08 May 2026

Emergency First Aid at Work

FGH Training, 3rd Floor, Storey House, White Cross Business Park, Lancaster, LA1 4XQ

09:00 - 16:00

Fire Warden Training
Logo.jpg.jpg
LBV Hub Seminars
11 May 2026 - 11 May 2026

Fire Warden Training

Bell Lancaster, Cleveley House Farm, Miller Brow, , Forton, PR3 1DR

09:00 - 15:00

The Business Network Central and East Lancashire
LBV Hub Networking
14 May 2026 - 14 May 2026

The Business Network Central and East Lancashire

Longridge House, Preston, PR3 2TB

11:30 - 14:15

Research and Knowledge Exchange Festival 2026
Spark 2026 newsletter v3-5 (1).png.png
LBV Hub Seminars
18 May 2026 - 22 May 2026

Research and Knowledge Exchange Festival 2026

University of Lancashire, Preston, PR1 2HE

10:00 - 20:00

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 LBV124 Online Graphic
Subscribe now

Weekly news bulletin