The Declaration of Trust will apply in the administration of the estate of the deceased, particularly in determining what share of the property belongs to that estate. If you choose a Deed of Trust, you can include provisions for how the property will be handled after the death of either party. It is essential that you also execute a will, which will name the beneficiary(ies) to whom your estate will pass, which may be the other owner or any third party. Without a will, the rules of intestacy will apply, which will often mean your spouse will inherit if you are married or civil partners or your closest relative if you are not. This could mean that without a will, the relatives of the deceased may inherit nothing if the deceased was married or that the children of the deceased could end up forcing the sale of the property against the other owner if they were not.