Mishcon de Reya page structure
Site header
Menu
Main content section

Families in Business: Key points to consider when transitioning into a family business

Posted on 1 October 2025

Kate Higgins

Knowledge Partner, Mishcon de Reya

So we normally advise a family business to establish sound governance and agree and document key relationships at an early stage.  This will help you set up for success and avoid any conflicts that might arise later down the line.  It involves mapping the needs and roles and responsibilities of the family on the one hand and the business on the other. 

So, to give you an example, in the case of a business we establish who owns the key assets, what funding needs you might have and what management needs there are and that will help identify any potential conflicts of interest.  So for example, does the business owner own the property and might that need to be transferred into the business? 

In the case of the family, we’d ask about your expectations from the business both now and into the future and we can then advise on the most suitable governance models for your family and your business, undertake any structuring or restructuring we might need to do.  Do we need to transfer that asset in or reincorporate as a company instead of a partnership, for example, and then we can document those arrangements for you. 

There is no one size fits all governance model, but careful thought and agreement now can help set you and the business up for a long lasting success.


For further guidance including all the types of governance model available, click on the link in the description below to read the second article in our Families in Business series.

As your business grows, involving family members can bring both benefits and challenges. It’s important to formalise arrangements early, while the business and family group are still relatively small, to help avoid and manage future conflicts. The key starting point is to map what relationships already exist and their natures, identifying key stakeholders, and highlighting any potential conflicts of interest. This analysis can also show whether your business has the right mix of skills or if external advice or non-executive directors are needed.

Having a sound and 'lived' statement of purpose and core values can give your business a competitive edge and help unite the family behind shared objectives. Establishing appropriate governance structures is crucial; set out how family and business decisions will be made, and ensure good communication between both sides. Larger families often have a family constitution or charter, which sets out values, roles, and policies on issues like employment, share transfers, and succession.

On the business side, it is also important to establish a sound constitution and strong governance disciplines to ensure ownership rights are protected, with appropriate board structures established.

If your business is run as a partnership, now might be the time to incorporate it to benefit from protection of limited liability, an easily transferable share structure and customisable share rights.

Our Family Businesses team has extensive experience advising at all points in their life cycle, from reviewing governance arrangements to providing stewardship training and acting as intermediaries in discissions regarding the future of your business. We also advise on corporate and business restructurings and tax matters, helping you prepare for a smooth transition to the next generation.

Read the full the article.

Speaker

How can we help you?
Help

How can we help you?

Subscribe: I'd like to keep in touch

If your enquiry is urgent please call +44 20 3321 7000

Crisis Hotline

I'm a client

I'm looking for advice

Something else