MyLastWill Blog

Organ Donation & Your Will

If you wish to help others after your passing, carrying an organ donation card is one obvious solution. However, as of Spring 2020, organ donation (In England) will become an ‘opt out’ system; this new system is known as ‘Max & Keira’s Law.’ It’s therefore important, due to the time constraints that arise following a death, that you make your close family and friends aware of any wishes you might have – both for your organs and your body.

You may be happy for your organs to be used for therapeutic purposes or even for your body to be left for medical research. Besides verbally making your immediate family and friends aware of your wishes it’s also worth making an accessible record of them – such as a letter that can easily be accessed as well as making a more official record within your Will. This should also include the type of funeral arrangements you would like.

Should you have contrary wishes or religious beliefs it is important to opt out on the NHS Organ Donation Register as your Will or any separate written preferences may not be found until it is too late.

Interestingly when you die, strictly speaking, you don’t actually own your dead body! Therefore, you can’t automatically donate it. However, if you make it clear, in the ways suggested above, it’s unlikely that, within reason, your wishes will be opposed enabling your executors to carry out your wishes.

Leaving one’s body to medical science and anatomical research certainly isn’t uncommon and is a very worthy cause with such donations playing a vital role in our understanding of medical conditions and medical student training. Please be aware that acceptance isn’t guaranteed and will depend on the requirements of medical schools, timings and the circumstances of your death.

Another option is to give advance consent to a ‘Post-Mortem.’ The Post-Mortem process typically involves keeping samples of organs and tissue for further research. Once again, this allows medical staff to learn about the conditions you have had; this provides great insight and help in assisting others, with the same medical conditions, in the future. Once the Post-Mortem has taken place, your body is eventually returned to your family for your funeral.

Why not use our online Will writing platform to organise your Will and deal with all of the above. Our easy to use, online application system is backed by guidance from Will writing experts who will be able to advise you on all matters relating to organ and body donation.