Six out of ten parents in the West Midlands have no legal guardian in place to care for their children in the event of their deaths

Research commissioned by SFE (Solicitors for the Elderly) and George Green LLP shows 64% of parents in the West Midlands have no legal plans in place to make sure their children are looked after, should the parents die.

According to the research, parents in the region are almost completely unaware of the risks of not identifying a legal guardian in a will. Only two out of ten (18% of) parents in the West Midlands understand that social services or the courts can step in to decide what happens to your children if you don’t have a will in place.

SFE, a membership body of over 1,700 UK solicitors specialised in advising people planning for the future, is calling on parents to make sure they have an updated will in place ahead of Update Your Will Week 2023 (23^rd – 29^th January).

Louise Taylor, Private Client Associate at George Green, explains:

“It’s shocking how many parents don’t have a will in place or haven’t appointed a legal guardian for their children. Godparents don’t count as legal guardians, so to avoid the risk of the courts deciding what happens to your children, you really should make a will and update it every five years.

“It’s crucial to keep your will up to date and take legal advice when life-changing events happen, like getting re-married or having children. Our research shows that four in ten wills in the West Midlands are out of date, and many people don’t have one in the first place.”

The new research commissioned by SFE and carried out by Censuswide also reveals:

• Over half of respondents in the West Midlands (56%) have experienced a life changing event, such as getting married, divorced or having a child, since they last updated their will.
• More than a fifth (22%) of respondents in the West Midlands know someone who has been affected by something going wrong with a will.
• Four out of ten wills in the West Midlands are likely to be out of date, with only 60% of respondents in the West Midlands having updated their wills within the last five years.

George Green recommend reviewing and updating your will every five years, or when a major change in your life occurs that impacts you or your loved ones, such as divorce, marriage, a new birth or even death in the family. Having an up to date, well drafted will is crucial in ensuring your wishes are carried out in the way you’d like when you die.

To find out more about wills, or to find your local SFE accredited solicitor, visit: www.sfe.legal  

SFE (Solicitors for the Elderly) was founded in 1996 and is a national organisation of more than 1,700 lawyers in the UK who support older and vulnerable people. SFE members receive expert training and best practice guidance to keep them up to date with developments in the sector.

If you are unable to afford the cost of a solicitor, SFE recommends seeking advice with the Citizen’s Bureau – especially for complex wills.

Survey data (commissioned by SFE):

• In December 2022, Censuswide polled 2,109 UK adults for SFE
• In 2020, SFE polled 1,005 British adults aged 40+ to see if they had a will in place – 65% said they did.