Discreet · Secure

Estate Planning

Estate Planning for the Self-Employed

Being self-employed folds your business into your personal estate, so a will, clear succession and a look at Business Relief tend to matter more than for an employee.

10 min read · Written by the Fairchild Oldfield team · Last reviewed: July 2026

£2.5m
The cap on 100% Business Relief for qualifying business assets for deaths on or after 6 April 2026, with 50% relief applying above that level. Unused allowance may transfer between spouses or civil partners.
Source: gov.uk, as at July 2026, subject to change.

Estate planning for the self-employed usually means treating the business and personal affairs as one picture. Because a sole trader or partner has no separate corporate wall around their trade, business assets, debts and goodwill generally form part of the personal estate on death, alongside the house and savings (gov.uk, as at July 2026, subject to change).

That single point changes the priorities. A will that says who runs or inherits the business, a look at whether Business Relief may apply, and a plan for what happens if you lose capacity all tend to carry more weight than they would for someone employed. This guide sits within our wider estate planning guide and, for the tax detail, our Inheritance Tax Explained guide. Figures are current as at July 2026 and subject to change.

Why estate planning differs when you are self-employed

The main difference is that there is no separate legal entity holding the business. For a sole trader or an individual partner, business assets, tools, stock, receivables and goodwill generally sit inside the personal estate and pass under the will or the intestacy rules like any other asset (gov.uk, as at July 2026, subject to change). Company directors sit in a different position, since shares pass but the company continues.

Three things tend to follow. The business may need someone named to keep it running or wind it down; it may qualify for relief that an ordinary estate does not; and the family may depend on income that stops the day you do. Each is worth planning for separately.

Making a will as a sole trader or partner

A will lets you say who inherits the business and who is trusted to deal with it, rather than leaving it to the intestacy rules. If you die without a will, the law decides who inherits, and an unmarried partner or a business partner does not automatically receive anything (gov.uk, making a will, as at July 2026, subject to change). For a going concern, that gap can stall the trade at the worst moment.

Many self-employed people choose to name executors who can act quickly, and to leave a letter of wishes explaining how the business should be handled. Where a partnership exists, the partnership agreement and any cross-option arrangement usually sit alongside the will, so the documents need to agree with one another. It can be worth discussing the fit with a qualified professional.

Business Relief and inheritance tax

Business Relief can reduce the value of qualifying business assets when inheritance tax is worked out, at either 100% or 50%, provided the deceased generally owned the business or asset for at least two years before death (gov.uk, Business Relief overview, as at July 2026, subject to change). It is a mainstream relief, not a scheme, but it does not cover every business and the rules are changing.

Rate of Business ReliefBroadly applies to (July 2026)
100%A business or interest in a business, and shares in an unlisted company, up to the £2.5m allowance for deaths on or after 6 April 2026
50%Qualifying business assets above the £2.5m cap; certain listed shares giving voting control; land, buildings or machinery used in the business
No reliefBusinesses mainly dealing in securities, shares, land or buildings, or in making or holding investments

Source: gov.uk, what qualifies for Business Relief. From 6 April 2026, 100% relief is capped at £2.5m per estate, with 50% relief above that; unused allowance may transfer between spouses or civil partners. As at July 2026 and subject to change. See our note on IHT for business owners.

Because the £2.5m cap on 100% relief is new and turns on how a business is structured and used, whether any relief applies is rarely obvious. Investment-style businesses often fall outside it altogether. This is one area where it can be worth taking advice from a solicitor, a STEP practitioner or an accountant before assuming a business is covered.

Passing value on in life

Gifting from a self-employed business

Some self-employed people pass value to the next generation gradually rather than all at death. Everyone can give away up to £3,000 in total each tax year under the annual exemption, make unlimited small gifts of up to £250 per person, and give wedding gifts of up to £5,000 to a child (gov.uk, rules on giving gifts, as at July 2026, subject to change).

Where profits comfortably exceed living costs, regular gifts out of surplus income may also be exempt, with no fixed limit, provided they are genuinely affordable from income (gov.uk, as at July 2026, subject to change). Larger outright gifts may fall outside the estate if you survive seven years, so this is one option some consider as part of a longer plan.

Records of what income covered a gift often matter later, so many people keep them. It can be worth discussing with a qualified professional.

Annual gift exemption

£3,000

The total that may be given away each tax year free of inheritance tax under the annual exemption, with any unused amount able to carry forward one year, depending on circumstances (gov.uk, as at July 2026, subject to change).

A worked example for a sole trader

Numbers make the interaction between the estate and Business Relief clearer, though every case turns on its own facts.

A worked example (illustration only). A self-employed joiner dies owning a trading business valued at £300,000, a home worth £400,000 and savings of £150,000, so £850,000 in total, leaving everything to his wife. Transfers between spouses and civil partners are generally exempt, so no inheritance tax would arise on this first death, and his unused nil-rate band and residence nil-rate band may transfer to her (gov.uk, as at July 2026, subject to change). Separately, if the trade qualifies, Business Relief could reduce the £300,000 business value by up to 100% within the £2.5m allowance for deaths on or after 6 April 2026, easing the tax on a later death (gov.uk, as at July 2026, subject to change). Change the ownership, the beneficiaries or whether the business qualifies and the outcome changes, so this is general information, not a calculation for any real estate.

Planning for illness, not only death

A business run by one person is exposed if that person loses capacity, not only if they die. A lasting power of attorney lets you appoint someone to make property and financial decisions if you cannot, which for a sole trader can mean paying staff, invoicing and keeping the business alive during an illness (gov.uk, lasting power of attorney, as at July 2026, subject to change). Without one, family may have to apply to the Court of Protection, which takes longer.

Many self-employed people choose to set up a property and financial affairs LPA precisely so the trade does not freeze mid-illness. Some also consider a business LPA that names a person who understands the trade. Whether an LPA suits your set-up is something to weigh with a qualified professional; see our estate planning guide for how these documents fit together.

A practical order

Where self-employed planning often starts

I

Make or review a will

Say who inherits and who can act, so the business does not fall to the intestacy rules.

II

Check the reliefs

Establish whether the business may qualify for Business Relief, and how the £2.5m cap affects it. Source: gov.uk, as at July 2026, subject to change.

III

Put an LPA in place

Appoint someone to run finances if illness stops you working. Source: gov.uk, as at July 2026, subject to change.

IV

Review after change

Revisit the plan when the business, family or tax rules shift, taking advice as needed.

Self-employed estate planning in Scotland and Northern Ireland

Inheritance tax and Business Relief are UK-wide, so the £325,000 nil-rate band, the 40% rate and the Business Relief rules apply across Scotland, England, Wales and Northern Ireland alike (gov.uk, as at July 2026, subject to change). The surrounding law differs. Scotland has its own succession rules, including legal rights that can give a spouse and children a fixed share regardless of the will, and it uses confirmation rather than a grant of probate. A partnership trading across borders may need advice in each nation. Our estate planning guide sets out the wider position.

Frequently asked questions

Does my business automatically pass to my family if I die?

Not automatically. For a sole trader or partner, the business generally forms part of your personal estate and passes under your will, or under the intestacy rules if you have none, where an unmarried partner or business partner may receive nothing (gov.uk, as at July 2026, subject to change). Many people set out clearly in a will who should inherit or run the business.

Will my business be free of inheritance tax?

Not always. Business Relief can reduce qualifying business assets by 100% or 50%, generally where you owned the business for at least two years, but from 6 April 2026 the 100% relief is capped at £2.5m per estate, with 50% above that (gov.uk, as at July 2026, subject to change). Investment-style businesses often do not qualify at all.

Do I need a will if I am a self-employed sole trader?

A will is not compulsory, but without one the law decides who inherits your business and estate, which may not match your wishes (gov.uk, as at July 2026, subject to change). For a going concern, a will can name people who are able to keep the trade running or wind it down. Many self-employed people choose to review a will whenever the business changes shape.

How can I pass my business on gradually?

Some owners gift value over time. Each tax year you can give away up to £3,000 under the annual exemption, plus unlimited small gifts of up to £250 per person, and regular gifts out of genuinely surplus income can also be exempt (gov.uk, as at July 2026, subject to change). Larger gifts may fall outside the estate after seven years, so it can be worth taking advice first.

What happens to my business if I lose capacity?

Without a lasting power of attorney, no one may have authority to run your finances, so family may have to apply to the Court of Protection, which takes time (gov.uk, as at July 2026, subject to change). A property and financial affairs LPA lets you appoint someone in advance to keep a business trading during illness. Whether it suits your set-up is worth discussing with a qualified professional.

Should I put my business in a trust?

It depends on your circumstances, and trusts bring their own tax, cost and reporting duties, including registering most trusts with the Trust Registration Service, generally within 90 days of creation (gov.uk, as at July 2026, subject to change). A trust is one option some consider, but it is not right for everyone, so it can be worth taking advice from a solicitor or STEP practitioner before deciding.

About Fairchild Oldfield

Fairchild Oldfield is an estate planning specialist with over a decade of experience helping families and business owners with wills, trusts and later-life planning.

Fairchild Oldfield are estate planning specialists and will writers, not a firm of solicitors. This article is general information based on practical experience, not legal, tax or financial advice.

Important: This article is general information only and is not legal, tax or financial advice. Reading it does not create a professional relationship. It is based on the law of England and Wales, and other UK jurisdictions may differ. Figures and rules are current as at July 2026 and are subject to change. Before acting, many people choose to seek advice from a suitably qualified professional, such as a solicitor, a STEP practitioner, an accountant, or an FCA-authorised financial adviser, who can consider your individual circumstances.

Planning around a business you built

Wills, succession and tax, considered together with one point of contact.

Book a Free Consultation