Estate planning
Business succession
A company cannot wait nine months for probate. Plan the handover before it is forced on you.
When a business owner dies without a plan, the shares become part of the estate — and until a grant is obtained, nobody may be able to sign cheques, pass resolutions or make decisions. For a running company, months of paralysis can do more damage than any tax bill. Succession planning removes that risk before it arrives.
We help owners decide who takes over and on what terms — through shareholder agreements, buy-sell arrangements, trusts that hold the shares, and wills that dovetail with the company’s constitution. The aim is simple: the business keeps running, the family is treated fairly, and control passes to the people you chose.
What succession planning covers
- Shareholder & buy-sell agreementsWho may buy, at what price, and how it is funded — so a departure does not trigger a fight.
- Share trustsHolding company shares in trust so control passes immediately, without waiting for probate.
- Business-owner willsA will that fits the company constitution and shareholder agreement, not one that contradicts them.
- Incapacity planningStructures so the business keeps operating if an owner loses capacity — a Power of Attorney alone will not survive that in Malaysia.
- Fairness between heirsBalancing children who work in the business against those who do not, without breaking the company.
How it works
Understand the business & the family
Ownership, roles, the constitution, and who is meant to end up in control.
Design the succession
The right mix of agreements, trusts and wills — funded and consistent with each other.
Document & maintain
We put it in place and review it as the business and the family change.
Questions about business succession
What happens to my company shares if I die without a plan?
They form part of your estate and pass under your will or, if there is none, under the Distribution Act 1958 or faraid. Until a grant of probate or administration is obtained, the personal representative may not be able to exercise the rights attached to the shares — which can leave the company unable to act for months.
Can I just leave the business to one child in my will?
You can, but a will alone does not solve the timing problem (probate delay) or the fairness problem (siblings not in the business). Pairing the will with a share trust and, where relevant, a buy-sell arrangement usually produces a cleaner, faster and fairer handover.
Does a Power of Attorney cover me if I lose capacity?
In Malaysia a Power of Attorney generally cannot survive the donor’s loss of mental capacity, and it ends on death — so it is not a substitute for succession or incapacity planning. Continuity for a business is better achieved through trusts and properly drafted arrangements, which we can put in place.
Related
You may also need
Trusts
A will decides who inherits. A trust decides how, when, and under whose care.
Learn moreWills & will drafting
A valid will is the difference between deciding for your family and letting a statute decide for them.
Learn moreProbate & estate administration
After a death, the law will not let anyone touch the assets until the right grant is in hand. We get it.
Learn moreOne calm conversation is a good place to start.
A complimentary 20-minute call, no obligation. If it helps, a full estate-planning consultation follows — RM350, credited against your fees if you proceed within 60 days.