Family business · Business succession

Family business and assets in an inheritance

When the deceased was a shareholder or owner of a business, the inheritance becomes complex: shares one heir wants to keep and another to sell, restrictive shareholders' agreements, valuation of the business and specific taxation. At de Boet & Asociados we design the business succession to protect the company and balance the heirs' rights.

The dispute

A family business is not divided like a bank account. Shares may be subject to shareholders' agreements, pre-emption rights, lock-in clauses or transfer restrictions that limit what each heir can do with their inherited stake.

The typical dispute pits the heir who works in the business — and wants to carry on — against siblings who would rather sell and take their share. Add to that the difficulty of valuing the company, separating personal and business assets, and paying inheritance tax without choking the company's cash flow.

Why act in time

A poorly managed business succession can paralyse the company: boardroom deadlock, inability to take decisions, loss of clients and labour disputes. Tax deadlines, moreover, do not wait for the family to agree.

Planning the succession from the outset makes it possible to claim family business tax relief, negotiate agreements between heirs, coordinate with outside shareholders and prevent the inheritance from destroying what the deceased built. The sooner the matter is organised, the more continuity options remain open.

The firm's strategy

We approach the company as the central asset of the estate, combining corporate, succession and tax law so the solution works for both the family and the business.

  1. Corporate and testamentary map We analyse the articles of association, shareholders' agreements, the will and the group structure. We identify transfer restrictions, outside shareholders and heirs with conflicting interests.
  2. Valuation and separation of assets We value shares on a defensible basis, distinguish business assets from personal wealth and calculate the impact on the forced share and on inheritance tax.
  3. Agreement between heirs and continuity We negotiate the allocation of shares to the managing heir, liquidity mechanisms for the others — life insurance, deferred payments, dividends — and coordinate with shareholders where pre-emption rights exist.
  4. Tax filing and registration We apply Catalan family business relief, file the inheritance tax return and formalise the transfer of shares before a notary and at the Companies Registry with full validity.

The outcome we pursue

For the company to survive the succession and for each heir to receive a fair solution — continuity or liquidity — without unnecessary litigation or tax risk.

Business operating Continuity of the business with stable corporate governance and a legitimised managing heir.
Heirs compensated Liquidity or a balanced stake for those who do not run the business, through agreed formulas.
Tax optimised Reliefs and a payment structure that do not choke the cash flow of the company or of the heir.

An inheritance with a business involved?

Explain the corporate structure, the heirs and whether any of them works in the business. We will propose a tailored business succession plan.

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