Tuesday 15 February 2011

You Can't Take It With You: Episode 5

How do you decide to leave your business to the family?

Hans and Anna have six children, five sons live in the UK and one daughter lives in New Zealand, Their family Garden Centre business has been recently valued at £4 Million and is based in two locations. Three of the sons are currently involved in the business whilst the other two run their own operations.

Nev and Alan have two children, a son and a daughter. Their family Land Management business has a recent price tag of £3 Million. Their son works in the business and their daughter who lives 100 miles away is a school teacher.

Hans and Anna are both getting on and have reached their 80's and a decision is rather urgent but they just can't decide. The indecision is now hurting the business as it is now drifting and certain sections are losing money. The three sons who work in the business offer no true leadership skills and have offered loyalty, hard work but little else.

Gerry sets out to meet the rest of the children in the UK.

Nev and Alan's children have very clear opinions on what to do with their inheritance. Damian wants the business to go into a trust which will allow him to grow it for future generations. The daugher Vashti wants her share and feels placing the estate into a trust shows a last of respect to her.

Nev and Alan want complete fairness but also don't want to put the business at risk so they feel placing the business in a trust is the best solution.

Gerry arranges for the meeting with Sue Medder to offer advice to both couples.

Hans and Anna agree that the estate should be placed in equal shares  for the children but cannot decide who will be Managing Director amongst the sons. They are sent away to make a decision about the MD role. Gerry points out that the decision of MD should be immediate to secure the current business status and allow the business to flourish.

Nev and Alan have their meeting and still feel a trust is the best solution though this is clearly unfair on their daughter.

Gerry arranges for the family debates over dinner with Hans and Anna sitting with their five sons to discuss options. The boys generally disagree until Antony, a middle son, shows his hand and says he is happy to move from his existing business and take control, Antony throughout the show has demonstrated the most business sense and he is also the diplomat.His offers does go down well with his other siblings and parents.

During the Nev and Alan family debate Damian says very little as I suspect he feels he is in the box seat. However Vashti makes it very clear that the decision to put the estate in a Trust is unfair and it certainly shows how controlling their parents will remain even after their death. She challenges her Mother about having a similar role to her in the family business which certainly struct a nerve and challenged her current position in respect of the Will. Alan said very little other than it should be 50/50 but it is clear that the parents were closer to Damian. Vashti tells them she does not want an inheritance she cannot spend. This clearly affects her Mum, Nev.

The final meetings arec arranged with Sue Medder and Gerry.

Hans and Anna have acted quickly and installed Antony as MD and the business is now in better hands. They split the business into six equal shares and state that Antony will remain as MD after they die.

Nev and Alan arrive and Nev does the talking and initially says she wants it in a Trust but with no rules attached. This is discussed but Sue highlights that no clarity will exist and it would end in dispute. Gerry adds that this would be a very uncomfortable position for both children.

Nev suddenly changes her mind and decides it should be a direct split 50/50 and no Trust. Alan nods in agreement.

Before Nev changes her mind again the Wills are produced and they both sign.

My gut feeling says this is not the final outcome and these Wills may change again one day.

This episode wants again highlights estate issues and how difficult the decisions can be without communication.

How many other business owners are in the same position and don't make a decision leaving behind a real mess.

Next week's final episode will highlight issues within families when certain siblings are disabled or need extra support and attention.

Tune into BBC2 on Friday for the last episode.











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