Just what happens to your stuff if you die without a will?

Without a will, you have no control over how your estate – the belongings and assets you leave behind – is divided up.

For example, let’s say you’ve promised your best friend they could have your prized guitar if something happened to you. It may be a bit banged up and not worth much, but it means a lot both of you and is filled with a load of memories of good times together.

Unless you have a will that specifies those wishes, she would have no claim to it.

That’s because if you die without a will, the state automatically divides your estate.

This is based on certain rules – the “intestate” laws, which divide your estate up among your family based on a set list of priorities. The basic order of priority is, your:

• spouse, civil union partner or de facto partner, then
• children
• parents
• brothers and sisters
• grandparents
• uncles and aunts

So if you have a partner, but no children, everything will go to them. However a partner will only be recognised if you are married, in a civil union or in a de facto relationship for over three years. If you have a partner and children, your estate is divided between your partner and children.

No partner, but children? Then everything goes to the kids. No partner or children? Then it’s your parents who get everything, and so on until you run out of relatives.

So it’s quite clear that your friend will have a lot of trouble claiming that guitar unless you specifically told your partner or close family members you wanted her to have it, since they will rightly believe it now belongs to them.

With a will you can determine what happens with your belongings or estate after you die. Make sure your wishes are followed and create a will, it’s easier than you think.