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Buying & Selling a Business

Do I need a succession plan in place before I can even think about selling?

TSL Written by the Treadstone Law team· Updated August 2026

No — a succession plan and a sale to an outside buyer are two different paths, and you don't need to have ruled out or built one before considering the other. A succession plan generally refers to preparing a family member or existing employee to take over; a sale to a third party is a separate route that doesn't depend on having a successor lined up at all.

Where they connect is that thinking through succession, even briefly, can clarify what you actually want from an exit — some owners start "exploring a sale" because they assume there's no one to take over, without ever having tested that assumption, and later realize a successor might have been a better fit all along. Others go through the exercise and confirm that no one internally is genuinely ready or willing, which makes a third-party sale the clear next step.

Rather than treating succession planning as a prerequisite, it's more useful to treat it as one option to weigh alongside a sale, a merger, or winding down. A business lawyer can help you look at all of them together rather than assuming you have to choose one before considering the others.

Key takeaways

  • A succession plan and a third-party sale are separate, independent paths, not sequential steps.
  • Briefly considering succession can clarify what you actually want from an exit.
  • You don't need to rule out succession before exploring a sale, or vice versa.
  • Weigh succession, sale, merger, and wind-down together rather than in a fixed order.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone business lawyer can help.
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