Business succession planning

Pass control of your business while you are still here to guide the transition.

You have built something worth passing on. The next generation are ready, and you want to step back without stepping away entirely.

Business succession is not a single transaction: it is a transition that takes years to execute properly, and the legal structure that surrounds it determines whether it succeeds or creates the kind of conflict that undoes what you built. We help you transition control of your business to the next generation in a structured, documented, and financially sound way.

Family business succession, done well

Passing on your business while you are alive is more complex than transferring ownership on death. It requires managing competing interests, protecting your financial security into retirement, preserving operational continuity, and building the next generation’s authority without undermining the relationships that made the business work. We help you navigate all of it.

What is business succession planning and why does it matter?

Business succession planning is the process of deliberately designing how control and ownership of a business will transfer from one generation to the next. It matters because an unplanned transition tends to trigger tax consequences that could have been managed, create disputes between family members about what they are entitled to, and leave the next generation without clear authority or the legal structure they need to succeed. A planned succession transfers control in an orderly way, protects the founder’s retirement income, and gives the next generation a platform to grow the business further.

What are the tax implications of transferring a business to the next generation?

The tax implications depend on the structure of the business, the form of the transfer, and the timing. Transferring equity in a company or trust can trigger capital gains tax, and the small business CGT concessions may be available to reduce or eliminate that liability if the conditions are met. Transfers of business assets rather than equity can have different stamp duty and GST implications. The earlier a succession plan is put in place, the more options are available to manage the tax outcome – which is why beginning the planning process while there is still time is critical.

How do I treat children who are in the business differently from those who are not?

This is one of the most common and most difficult aspects of family business succession. Children who have worked in and contributed to the business have a legitimate expectation of recognition for that contribution, while children who have not been involved may still expect an equal share of the family’s wealth. The tools available include separating the business interest from other family wealth, compensating non-business children through other assets, buy-out arrangements, and clear documentation of your reasoning. What matters most is that the approach is deliberate, documented, and communicated clearly.

How do I protect my income and lifestyle when I transfer control of my business?

Protecting your financial security in retirement is a central objective in any business succession plan. Options include retaining a minority equity interest, structuring the transfer as a gradual buyout so you receive income over time, taking a consulting or advisory role, and ensuring that dividends or distributions from retained interests continue to flow to you. The right structure depends on the business’s ability to service a buyout, your own income needs, and the tax position of different arrangements. Getting this right at the planning stage prevents the situation where transferring control means giving up the income you depend on.
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Set up the next generation for success

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Protect your financial security in retirement

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Create a genuine multi-generational business

Ready to start the transition?

Speak with one of our experienced lawyers about passing control of your business to the next generation in a structured and protected way.

The longer you leave it, the harder it gets.

You want to start stepping back and letting your successors take the reins. But you need to protect your financial security in retirement, manage the transition in a way that keeps the business operating, and ensure the next generation has what they need to succeed – without resentment or confusion about who is in charge.

Business owner

Your enterprise should not be left to fade away after you pass away.

You have spent decades building a business, and the time has come to start the handover.

But every time you try to move it forward, you run into the same questions: who gets what, what your own income looks like when you step back, how to treat children who are in the business differently from those who are not. You want this transition to be the pinnacle of what you have built, not the beginning of a family dispute that unravels everything.

What's included in your business succession service

Leaving things to chance is not an option.

Business succession that is not carefully planned tends to drift – and a transition that drifts rarely ends well.

The founding owner holds on too long, the next generation grows frustrated, and the entrepreneurial energy that drove the business begins to dissipate. When assets are eventually transferred without a proper structure, tax consequences emerge that could have been managed if the transition had been planned years earlier. Family members who are not involved in the business feel entitled to a share of what has been built, and in the absence of any documentation, their claim is harder to resist.

The business that was meant to outlast its founder instead becomes the subject of a dispute that divides the family it was meant to support.

How we help you pass the business on

We work with you to define what a successful transition looks like – for you, for your children in the business, and for your family as a whole.

We identify the right ownership and control structure, advise on the tax implications of transferring equity over time, and prepare the legal documents that formalise the transition in a way that protects all parties. We help you document governance arrangements so that authority is transferred clearly and disputes about who is in charge are avoided. We also ensure your financial security in retirement – so that whatever you transfer, your income and lifestyle are protected. This is the work that turns a successful business into a multi-generational enterprise.

Your path to a successful transition

Three steps to passing your business to the next generation.

1

Understand the goal

We take time to understand what a successful transition looks like for you, your children, and your family - and what needs to be protected along the way.

2

Design the structure

We advise on the right ownership and control structure, the tax implications of any equity transfer, and the governance arrangements that will make the transition work.

3

Document and implement

We prepare all the legal documents to formalise the transition, including shareholder agreements, governance frameworks, and any necessary restructuring steps.

Experienced business succession lawyers ready to guide your transition.

We understand how important your business is to you – as a source of financial security, as a reflection of your values, and as something you genuinely want to outlast you.

We also understand that transitioning a business to your children is one of the hardest things a business owner does, not because of the legal complexity, but because of the family dynamics that sit underneath it.

Over the past 25 years, we have helped countless business owners implement a transition in control and ownership of their private enterprise. Our lawyers include Accredited Specialists in Business Law, Fellows of the Society of Trust and Estate Practitioners, and Accredited Family Business Advisers.

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We understand you want to know the cost, before we get started.

We will map out our process, from beginning to end, so you know what the journey will look like before you get started.

We will provide you with a clear and detailed Work Proposal covering each step along the way.

Our fair fees are all-inclusive. No hidden costs for telephone calls, emails, photocopying, couriers, or coffee.

Our great lawyer guarantee

We want to be part of your team over the long term. We achieve this by adhering to these core principles:

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Take the time

We listen carefully to understand what you want to achieve. Then we thoroughly explain our advice and step you through the documents. You can be sure you know the full consequences.

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Share our knowledge

We will pass on as much knowledge as we can, so you can make your own informed decisions. We want to make you truly independent.

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Stick to our knitting

We only do what we're good at. You can be confident that we know what we're doing and don't pass on the cost of our learning.

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Work as one team

Someone will always be available to answer your questions, or point you in the right direction. You will also benefit from a range of perspectives and experience.

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Fair pricing

For advice and documents, we provide a fixed or capped quote so you don't take price risk. If you're in a dispute, we map out the process and costs so you know what to expect.

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It's your show

We're not in this for our egos. We're in it for a front row seat to witness your success.

Take the first step

Call us now to talk about your options for transitioning your business to the next generation in a structured and financially sound way.

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