Most of us would not even think about it? It is like preparing for a an end when we would not even want an ending. But legality wise, preparing for a very important document will sort everything out and leave things behind without worries about our issues.
Last will and testament is prepared and drafted by an attorney-at-law during the lifetime of the person. This is a legal document that undergoes a Probate proceeding after the person's death. The probate proceeding refers to the court procedure where the descendants/families of the deceased brings the last will and testimony before the court to prove its authenticity.
Once the last will and testament is probated, it will be imposed by the court and distribution of the properties and assets, as well as liabilities, of the deceased will follow.
Some people, especially those who have lots of investment and properties usually execute this legal document. It is only sensible that everything be put in legal order before one's death. This will avoid legal battles between the descendants that usually lead to expensive procedures in court, several years of trial and emotional and mental pain among the members of the deceased' family.
However, among those who do not have lots of properties to leave their families, the legal provisions of the law regarding legal inheritance, where the law distributes the properties of the deceased according to legal partition will prevail. In other words, it does not really matter whether the deceased have executed a last will and testament or not, the law will impose the law on succession under the civil or family law.
For those who are interested in executing this legal document, it is advisable to know what the law of your country provides regarding this matter. The above discussed procedure and application of the law is applicable in the law of the United States as well as the Philippines. Laws on succession vary from country to country although the general theories and bases of the law might have similarities.