Co-habiting couples should also make sure that they have Wills, as if one party dies the surviving co-habitee will not be able to rely on the rules of intestacy to protect them.

If a cohabitating couple separate and property is owned between them, or one party is the sole owner of a property and the other party wants to claim an interest in it, a dispute may arise as to what the respective parties are entitled to. If a dispute escalates and goes to Court, a Declaration of Trust will outline to the Court what the common interest was of the parties at the time the property was acquired, and how that has evolved (if at all) over time.