Organ Donation: Should I Include My Wishes in My Will?

Since its launch in 1994, the NHS Donor Organ Register has saved almost 60,000 lives.  Despite this remarkable progress, the UK still faces a significant shortage of donors, with over 7,700 people currently waiting for a life-saving transplant, according to NHS Blood and Transplant.   

The law surrounding organ donation in England has changed to an 'opt-out system'. Essentially, all eligible adults are now considered to have agreed to donate their organs when they die, unless they have recorded a decision not to donate or they belong to an excluded group. Excluded groups include people under the age of 18, those who lack the mental capacity to understand the 'opt-out system', or are unable to record their decision; visitors to England, and those who have lived in England for less than 12 months before their death.

You can still make your own choice about whether you wish to donate your organs, and you can register or amend your decision at any time.  

Should I Include My Organ Donation Wishes in My Will?

As we mark Organ Donation Week from 23 to 29 September 2024, it is important to consider how your organ donation wishes are communicated and carried out.  If you state your organ donation decision in your Will, your family may not discover your wishes in time.  To avoid any delay, it is important to register your decision on the NHS Organ Donor Register.   

Furthermore, it is equally important to ensure your family and loved ones are aware of your organ donation wishes, so they can communicate these to those involved in your end-of-life care.  Your family may be able to provide valuable information that can assist with the organ donation process.  

Many of us find it difficult to discuss organ donation and end-of-life planning, but these conversations are crucial in ensuring your wishes are respected.  As part of this process, it may also be worth considering making or reviewing your Will.  Life is unpredictable and full of twists and turns, and planning ahead helps provide peace of mind for you and your family. 

How We Can Help

If you would like to discuss making or reviewing your Will, please contact Lauren May at  lauren.may@blanchardsbailey.co.uk, or our Wills and Estate Planning team at 01258 459361. You can also visit our Wills and Estate Planning webpage.   

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