Giving Your Heart This Valentine’s Day

Perhaps, the ultimate gift one can give is the use of their heart or other organs after death via organ donation. This is a sensitive issue that bereaved loved ones have to consider with the sudden death of a loved one.

The Organ Donation (Deemed Consent) Act 2019 introduced an opt-out system for organ donation in England. Quite simply this means it is generally presumed on an individual’s death that they consent to donate their organs unless they or their family indicate otherwise. This is known as presumed consent.

In practice few people are aware of presumed consent, the “opt-out” system in respect of organ donation. Everyone is considered a donor after death unless they explicitly register to opt out.

Loved ones are still consulted and can sometimes veto donation, this is known as the “soft” opt-out system in the U.K. The aim of this approach is to increase organ donor numbers by shifting the default position from no donation of organs to donation therefore prompting individuals to make an active choice to opt out. This system was brought in to increase the availability of organs for transplant due to the number of individual’s dying each year whilst waiting for an organ transplant. Recent figures (2024/25) show that 4,900 people died while actively waiting for a transplant, with an additional 7,700 being removed from the list as they became too sick to receive one. It poses ethical implications in practice and stirs deep feelings in family members having to make such decisions.

As private client solicitors we are often asked to include an individual’s wishes and consent for organ donation when taking their instructions for the preparation of their Will. Unfortunately, by the time your Will is read it’s likely to be far too late for you to become an organ donor. The best way to record what you want to happen after your death is to register your decision on the NHS Organ Donor Register and talk openly to your loved ones about your wishes. You can choose to donate your heart, lungs, kidneys, liver, corneas, pancreas, tissue and small bowel.

Your family will always be asked to support your decision before organ donation takes place, doctors will never proceed if your family objects to organ donation.

Even though 26.7 million people in the U.K. register as Donors few individuals will die in circumstances where donation is possible. According to NHS estimates only around one in 100 people die in circumstances, such as hospital emergency or intensive care units, that make them a viable donor. Each year 1400-1600 deceased donors save the lives of others through the donation of their organs.

Making a Will focuses your attention to consider often difficult matters such as this and to ensure that on death your wishes are known enabling a smooth distribution of the wealth and assets accumulated during your life. This benefits your chosen loved ones or causes close to your heart, providing certainty of what your intentions were.

Making a Will gives you control over what happens when you die and the opportunity to:

• Provide for your loved ones, especially those not entitled on intestacy if you die without a Will, such as unmarried partners or stepchildren.
• Choose who administers your estate by appointing executors.
• Express funeral wishes.
• Appoint guardians for minor children.
• Preserve wealth for future generations of your family.
• Gift specific chattels/possessions to individuals of your choice.
• Save assets from unnecessary tax.
• Check how property is held and to whom it passes.
• Donate to charitable causes close to your heart.
• Provide for pets.
• Start the conversation about your wishes with your family/loved ones.

Please contact our professional friendly team of solicitors for assistance with Wills,Probate,Lasting Power of Attorney and Court of Protection enquiries. Call 0330 822 3451 or request a callback.