In an article for STEP Journal, Mariel Stringer-Fehlow, Managing Associate at Mishcon de Reya, explores the complex role of executors following the death of a shareholder in a family business. The piece, titled 'A poisoned chalice', delves into the potential pitfalls that executors may encounter when dealing with testamentary shareholdings within the dynamics of family-run companies.
Mariel discusses various scenarios that can leave executors in a difficult position, such as dealing with will trusts, challenges to the will or estate, pre-emption rights and access to crucial business information. The article emphasises the importance of clear communication and succession planning to mitigate disputes and ensure a smoother transition of shareholdings.
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