19th October 2026
Dolly Parton's estate highlights the challenges that can arise after a founder dies. For family businesses in Scotland, a clear will and a succession plan could make the difference between continuity and costly uncertainty.
Many people put off making a will. It can feel like a job for another day, particularly when life is busy and the business needs attention. But for someone who owns a company, a farm, a shop or a family business, failing to plan for the future can leave a difficult legacy for the people they hoped to protect.
The recent turmoil surrounding the estate of country music star Dolly Parton offers a striking reminder that even careful preparation cannot eliminate every dispute after a founder dies.
Parton, whose business interests extend well beyond her music, reportedly took extensive steps to organise her affairs, including arrangements involving companies and trusts. Nevertheless, a dispute has emerged between her estate's business operation and her nephew Bryan Seaver, who had worked as her head of security. The estate has made allegations against him which he disputes, and the legal proceedings remain a matter for the courts.
The details of a celebrity's estate are very different from those of a typical Scottish business. But the underlying problem is familiar: what happens when the person who built a business is no longer there to make decisions?
A will is only the beginning
A properly prepared will sets out how a person's estate should be dealt with after death and appoints executors to administer it. Without one, the law determines who inherits, which may not match the person's wishes.
In Scotland, the position has some important differences from England. Spouses, civil partners and children can have legal rights to a share of certain moveable assets, even where a will says something different. A solicitor can explain how these rules apply to an individual family's circumstances.
For a business owner, however, simply deciding who inherits the shares, property or other assets may not be enough. Inheriting a business interest does not necessarily mean that the recipient has the experience or desire to run the business.
A daughter or son may be an excellent potential successor, but may have chosen a different career. Several children might inherit equal shares but disagree over how the business should be managed. A surviving partner may need income from the business while another family member wants to reinvest profits or sell up.
These possibilities are easier to discuss while the owner is alive than when relatives are grieving and employees are wondering what happens next.
Who will actually run the business?
Business succession planning asks a practical question that a will alone may not answer: who takes responsibility on the first working day after the owner dies?
For a small firm, the owner may hold most of the important customer relationships, know the suppliers personally, manage the finances and make all the major decisions. If that person suddenly disappears, the business can quickly become vulnerable.
A sensible plan identifies who can take over temporarily, who might become the longer-term manager and whether an experienced person from outside the family should be considered.
It should also record essential information about the business, including key contacts, contracts, banking arrangements, insurance, debts and important deadlines. The aim is not to remove the owner's importance, but to ensure that knowledge does not disappear with them.
If a company has other shareholders, its articles of association and any shareholders' agreement should also be reviewed. Partnership agreements, loan arrangements and other contracts may contain provisions that become important when an owner dies or can no longer work.
Depending on the business, a buy-and-sell agreement or other arrangement may help surviving owners buy a deceased owner's interest, provided the terms are properly designed and funded.
What if the owner becomes seriously ill?
Planning should not be limited to death. An accident, serious illness or loss of capacity can leave a business without someone able to make decisions.
A Scottish solicitor can explain the options for putting a continuing power of attorney in place. This can authorise a trusted person to make specified financial or property decisions if the owner becomes incapable, subject to the document's terms and the relevant legal requirements.
Owners should also consider whether someone else has the authority and practical ability to keep the business operating. A family member who knows the business may not automatically have the legal authority to manage its bank accounts or make decisions on behalf of a company.
The objective is to avoid a situation in which the business has customers, bills and employees to look after but no clear route to making decisions.
Tax and ownership need attention too
Estate planning is not simply about inheritance tax, but tax can be a significant part of the picture.
Some business interests and assets may qualify for Business Relief for inheritance tax purposes. Eligibility depends on the nature of the business, the assets involved and the applicable rules. Relief should never be assumed merely because an asset is described as a business asset.
Tax rules can change, and the consequences of transferring shares, gifting assets or passing a business to family members can be complicated. A decision that appears sensible on paper may create other tax liabilities or leave the owner with less financial security than expected.
Business owners should therefore seek advice from a solicitor and an accountant or tax adviser who understands their particular circumstances. They should also review their plans when there are significant changes in the business, the family or the law.
Talk about the future before it becomes urgent
One of the most difficult parts of succession planning can be starting the conversation.
Parents may assume their children want to take over. Children may assume they will inherit the business, only to discover that their parents intended to sell it. One family member may have worked in the business for decades while another has had little involvement but expects an equal inheritance.
There may be no perfect answer, but an early and honest discussion gives everyone a chance to understand the options. It can also help distinguish between leaving someone a financial interest in a business and expecting them to run it.
Some owners may want the business to remain in family hands. Others may conclude that selling it, appointing a professional manager or winding it down in an orderly way is the better option. Planning does not dictate one outcome. It makes it more likely that the outcome will reflect the owner's wishes and the business's needs.
A written letter of wishes can sometimes explain the thinking behind a plan, although it does not replace a legally effective will or binding company documents. Clear communication is important, but so is ensuring that the legal paperwork actually achieves what the owner intends.
A legacy worth protecting
Dolly Parton's experience illustrates that careful planning cannot guarantee that everyone will agree after a founder dies. But it can establish clearer responsibilities, reduce uncertainty and give a business a better chance of continuing.
For a small business in Caithness or Sutherland, the issue may be far less dramatic than a dispute involving a world-famous entertainer. It could be a local contractor whose expertise is difficult to replace, a family farm, a shop built up over many years or a company whose owner has always made every major decision personally.
Such businesses are often important not just to their owners and families, but also to employees, customers and the wider local economy.
Making a will, reviewing ownership documents, identifying a successor and taking professional advice may not be the most exciting tasks on a business owner's list. But they are among the most practical ways to protect years of hard work.
The best time to decide what happens to a business after its founder is gone is while that founder is still there to help decide.
[url=https://theconversation.com/turmoil-within-dolly-partons-estate-underscores-the-precariousness-of-family-businesses-after-founders-die-293745]Turmoil within Dolly Parton’s estate underscores the precariousness of family businesses after founders die[/url]