As painful as the thoughts it brings might be, having a will when you have children could be considered one of the most responsible and loving acts you could do. It isn't an automatic thought having a will and having children. Consider this, if something were to happen to you as a parent who would speak for you in the lives of your children? Who would care for them? You love your children, you love your family but who would you want to raise your children if you are unable to do so?

With 50% of relationships ending in divorce it is doubly important that the custodial parent name a legal guardian. In the case of the death of a single parent depending on the laws in your area, the courts may not automatically assign guardianship to a biological parent or a step parent. There have been cases in the news of a step parent losing guardianship of children they had raised as their own in favour of a biological parent the children hadn't seen in years.

Not everyone in your family may be your choice of guardian but without a will the Courts make that decision. There are so many things to consider, from ensuring that your children be raised according to your personal beliefs to guaranteeing their financial security. The Courts will decide what is best for your children, they will liquidate the assets in your estate for their care and then extract their probate costs.

Not having a will has caused some well publicized disagreements over the intentions and desires of individuals, certainly family arguments over assets. Many families are torn apart over the division of family possessions, precious or not. When children are added to that mix the arguments could become doubly intense. If grandparents wish to take the responsibility of child care for a second time, it raises the question of physical ability to be able to care for the child. Also to consider, what are the needs and desires of your children? Do the children have the a bond with a family member that the courts may or may not take into consideration when the guardianship is decided. If your children are mature enough to be involved, explain your decisions to them and seek their input.

When you make your choice of guardianship, ensure that you a frank and intense discussion with your selected guardians. Put in writing and discuss with the potential guardians how you would like your children to be raised. It is also possible to name more than one set of guardians particularly if your parents wish to have guardianship but, as mentioned earlier, age is a factor. Another reason for multiple guardianship is financial, especially in the case of a large estate.

Ultimately no matter how uncomfortable it may be to face the possibility that a guardian may be need for your children it is nothing compared to the heartache and challenges your family will face having to deal with it after your death. Seek legal advice and write that love letter to your family, write your will.

The author of this article is Laura Saueracker, Manager and Independent Associate with Prepaid Legal Care of Canada. For this and other great advice check out Laura's website, www.prepaidlegal.com/hub/laura79