Have you considered what would happen to your children should you die before they reach 18? Many people automatically assume that their children's care will be handed over to who they want it to but this may not be the case

This is a frightening prospect that many families do not contemplate facing but it is a reality and happens to many families every day. Statistics show that every 35 minutes someone dies as a result of an unexpected accident.

To deal with the event of both parents tragically dying together, it is vital you make a Will to appoint a guardian to care for your children left behind. Planning ahead will prevent the need for a possible intervention by social services.

Where parents are unmarried and have a child born before 2003, the father will not automatically have parental responsibility due to the Adoption and Children's Act 2002. This means that, where the mother dies first, the father may not automatically be given responsibility for caring for his child.

The legal duties of a guardian are essentially the same as those of a parent; they will be responsible for the day-to-day upbringing of your child and would stand in your shoes in that respect.

Trusts are also a vital part of your Will if your children are young. A trust can be put into place to release funds to your child throughout their life and absolutely from the age of 18 upwards. Within your Will you can stipulate who the 'trustees' will be and these will be effectively in charge of managing the trust.

You can also write a 'letter of wishes' which is not legally binding in itself but can give the trustees and guardians an outline of how you would like your child to be brought up. It can highlight certain things that you would like to happen, for example providing for your child's university education.

A trust can also enable parents to keep the inheritance out of the hands of unruly children until they believe they will be mature enough to be able to cope with it.

According to recent research undertaken by The Society of Will Writers, only 30 per cent of the UK adult population has a Will - a terrifying fact - and if you have children you have an even more important reason to be organised about your finances.

Some frequently asked questions:

Q. I live with my partner and her two children, and have done so since the children were just babies and both call me Dad. If something were to happen to my partner, I want to be able to care for the children. Is there anything that would prevent this?
A. Yes, if you have not applied for parental responsibility in the worst case scenario, you could find that the children who have lived with you for all of their lives are removed and placed in the care of someone else. To ensure that this doesn't happen you need to make sure that you have signed and agreed a Parental Responsibility Agreement or if this is not possible that you have applied for Parental Responsibility via the courts.

Q. My partner and I have been together for 10 years and have no desire to marry but want to protect each other in case of death. We each have children from previous marriages who also live with us. What should we do?
A. Its vital that you make a Will; if your children are under 18 in which you can name their guardian(s) and clearly state what provisions you have made for them. If you and your partner aren't married, your estate will be divided equally between your children. If you and your partner do not own your property jointly your partner may be left without a home as well as in financial difficulty at a time when they will be grieving.

Q. Why should I pay money to a Will Writer to draft my Will when I can buy a DIY one from a shop?
A. It is of utmost importance that you are aware of the problems using a DIY Will incorrectly can create, even more so if children and trusts are involved. By using a DIY Will you are in danger of the whole thing being invalid and your children and possessions being distributed by the Government as they see fit and not as you have wished. With something as important as this it isn't worth taking the risk just to save a small amount of money.

We would recommend that you always seek professional advice with regard to making your Will, it is one of the single most important things you can do for your children, so make sure you do it right.

The Society of Will Writers has Members all over the UK. Contact them today to find a Member in your area and get the help and advice you need to make a difference to your child's future.

For more information about writing a will, go to www.willwriters.com or call 0800 838270