Why every business owner needs a business will

A Business Will protects continuity, reduces conflict, and safeguards your company from disruption when unexpected events occur

Zelda Shein

Zelda Shein

Business Advisor

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Why every business owner needs a business will



As a business owner, there’s nothing quite like watching your company grow—more customers, higher revenue, a bigger team, and a stronger presence in the market. It is exciting, rewarding, and often the ultimate goal. But here’s the thing: growth without proper planning can be risky, especially when it comes to what happens to your business if something unexpected happens to you.

We all know the importance of having a personal will. It ensures our loved ones are taken care of and our wishes are respected. But what about your business? That’s where a Business Will—also known as a succession plan—comes in.

What Is a Business Will?

A Business Will isn’t the same as your personal will. It is not just a document you sign and forget about. It is a living, breathing plan that outlines what should happen to your business if you’re no longer around.

Think of it as your business’s safety net.

Here’s why it is essential:

  • Keeps the business running smoothly: A solid Business Will helps your company navigate unexpected events without chaos or financial loss.
  • Protects your legacy: It ensures the values and vision you built your business on are carried forward.
  • Reduces conflict: With clear instructions, there’s less room for disagreements among partners, employees, or family members.
  • Keeps your business agile: It helps leadership stay focused on growth, risk management, and adapting to change.
      

Why a Personal Will Isn’t Enough

Many business owners assume their personal will covers everything but that’s rarely the case. A Business Will dives into the specifics of your company—who takes over, how ownership is transferred, and what happens to your shares.

In fact, a Buy and Sell Agreement is often considered a type of Business Will. It spells out who inherits your shares, who buys them, and at what price. Without this, things can get messy-fast.

The Tough Conversations We Avoid

Let’s be honest—talking about leaving your business or what happens after you’re gone isn’t easy. But avoiding the conversation can leave both your business and your loved ones in a tough spot. Many business owners simply don’t know where to start or what options are available, which is why getting the right advice and information is so important.

Liquidity: The Hidden Risk

Even if your estate is full of valuable assets, that doesn’t mean there’s enough cash to keep things running. This is especially true for sole proprietors and partnerships.

  • If a sole proprietor passes away, the business stops immediately. Bank accounts are frozen until an executor is appointed.
  • In partnerships, the business automatically ends when one partner dies—even if the other wants to keep going. Without liquidity or a Buy and Sell policy, transferring assets can be nearly impossible.

Without liquidity or a Buy and Sell policy, transferring assets can be nearly impossible.

And here’s the kicker: just because your business has a larger asset base, such as properties, machinery and stock, doesn’t mean they’re easy to convert into cash. Executors might be forced to sell things below market value or delay the estate process altogether.

Stress-Test Your Plan

The best way to protect your business? Stress-test your Business Will. Make sure it works in real-life scenarios. That way, if something unexpected happens, your business can keep operating without missing a beat—and your wishes will be crystal clear.

 

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