How we can help family businesses
Family businesses rarely face issues in isolation. Decisions about ownership, governance, succession, property and family relationships often overlap. Our strength is being able to draw on lawyers from across the firm so that advice is practical, consistent and aligned with your wider goals.
Governance and structure
Clear structures are essential for any family business. Without them, disagreements can arise over ownership, decision-making, responsibilities and the future direction of the business.
Our family business solicitors advise on the legal structures and governance arrangements that support stability and reduce risk, including shareholders’ agreements, partnership agreements and articles of association. We can also advise on family governance, , to help families set expectations, define roles and responsibilities, and manage decision-making clearly.
We can support family businesses as their structures evolve, including buying, selling and merging companies, joint venture agreements, share scheme structures for investments, and reorganisations and demergers.
Where arrangements are more complex, we work with tax advisers to review and reorganise structures in a way that reflects the needs of both the business and the family behind it.
Succession planning and protecting family wealth
Succession planning for a family business is not just about what happens when someone dies. It can involve generational transition, retirement, incapacity, tax planning, changes in ownership and the protection of family wealth over time.
We help family businesses plan ahead so future change is managed properly and the business remains protected. This includes advice on exit strategies, inheritance planning, inheritance tax mitigation and the use of corporate vehicles or other structures to protect assets and support tax-efficient planning.
Our support also covers the wider protection of family wealth and business continuity, including planning for changing family circumstances, safeguarding the family business and helping to protect inheritance as generational wealth.
Employment and workplace issues
Employment issues in family businesses can be particularly sensitive, especially where family members are also employees, directors or shareholders. Non-family employees may also have concerns about fairness, progression and decision-making, so clear arrangements are important.
Our employment solicitors can advise on:
- Employing family members – including role definition, responsibilities and reporting lines.
- Overlapping roles – where family members are also directors or shareholders.
- Contracts, policies and procedures – to support clarity and consistency across the business.
- Performance and conduct – including disciplinary, grievance and capability matters.
- Pay, progression and workplace fairness, including concerns about nepotism and retaining non-family employees.
- Exit arrangements including the departure of family members or senior employees in a way that helps protect the business.
Relationship breakdown and protecting assets
When a marriage or relationship breaks down, the impact on a family business can be significant. Business assets, shareholdings and wider family wealth may all come under scrutiny, so it is important to take advice early.
Our family law solicitors will collaborate with other teams to advise family business owners on protecting business interests and wealth before, during and after relationship breakdown.
This includes:
- Protective agreements and early planning – including pre-nuptial and post-nuptial agreements for business owners, pre-marriage practical advice and cohabitation agreements, as well as advice on ownership arrangements and articles designed to reduce the risk of non-family members acquiring an interest in the business.
- Divorce involving a family business – including advice on how the business may be treated within the financial settlement and the steps available to help protect continuity wherever possible.
- Financial and evidential issues – including forensic accountancy evidence, whether value can realistically be extracted from the business without damaging it, and financial forecasting to support financial negotiations, including where the investment of a lump sum may generate income.
- Shareholding and generational wealth – including the shareholding to be attributed to family members, the risks of new spouses being given shares, and the protection of inheritance as generational wealth, whether in relation to business assets or other private wealth.
- Unmarried couples and arrangements for children – including separation affecting the family business or related property investments, claims under Schedule 1 of the Children Act 1989, and child arrangements issues, including the steps available to protect a separated parent’s relationship with their child through negotiation or court proceedings where necessary.
Commercial property and business premises
For many family businesses, property is central to the business itself and to the family’s long-term wealth. Premises, investment assets, agricultural land and development opportunities can all play an important role in future planning.
Our commercial property solicitors work closely with our corporate, private client, family law and other specialist teams to ensure our property advice reflects the wider needs of the business and the family behind it. Including:
- Acquisitions, disposals and refinancing – helping family businesses manage property transactions as part of day-to-day operations, investment planning and longer-term growth.
- Leasing and asset management – including lease renewals, lease reviews, landlord and tenant matters, lender requirements, registration issues, and the negotiation and completion of leasehold documents such as licences to alter and licences to assign.
- Operational property support – including advice on premises that are central to the running of the business and on arrangements that need to remain robust as the business develops.
- Property structures within family businesses – including where commercial property is owned by a family holding company and occupied by a subsidiary company, or where premises are held as an asset and occupied by a third-party tenant.
- Growth, development and future planning – including support for family businesses that are expanding operations, renovating existing sites or investing in longer-term development opportunities.
- Corporate property support – including advice where property issues arise as part of a share sale, asset sale or wider business reorganisation.
