When Death Leaves More Than Grief & Pushes a Family to the Brink

It was an ordinary working day when I received the call. A business owner – a husband, a father, an employer – had passed away suddenly. He left behind his wife, three children, and a running sole proprietorship. Employees waiting for their salaries. Rent falling due. Contracts requiring fulfillment. A last will and testament? There was none.

What followed is something I encounter far too often in my practice: Statutory succession took effect – the spouse and children became co-heirs by operation of law. At first glance, this may seem straightforward. The reality, however, was anything but. One of the children was a minor. And with that, a race against time began.

The dilemma: A sole proprietorship does not pause for grief. Costs continue to accumulate – every single day. At the same time, the heirs bear unlimited personal liability. Yet the mother was legally barred from making business decisions on behalf of her minor daughter – a classic conflict of interest that required the family court to appoint a supplementary guardian. Until that appointment was made, the community of heirs was effectively unable to act. A situation that can drive entire families into insolvency.

Through my immediate legal intervention, I was able to secure my own appointment as supplementary guardian within one month. The family’s capacity to act was restored, and financial ruin was averted.

Yet none of this needed to happen in the first place.

A well-structured testamentary succession plan, a sound emergency strategy, and a lasting power of attorney – these are the instruments that prevent situations like these from arising at all. A few hours of professional advice during one’s lifetime can safeguard an entire family’s existence when the unthinkable occurs.

My appeal to all business owners: Succession planning is not a matter of age – it is a matter of responsibility. Responsibility towards your family, your employees, and your life’s work.

And should the worst case have already occurred: Even then, there are solutions. Even then, a path forward can be found – provided you act swiftly and decisively.

I welcome you to reach out. Whether it concerns preventive planning or crisis management – I am at your disposal with my experience and expertise.