So you have decided to make your Will and you are confident that your executors will look after your financial affairs after your death. But will they know what you want to happen to your body? You may have discussed how you would like your body to be dealt with when you die, but is that enough?
Most Wills include funeral wishes. You might want to be buried in a family grave, or cremated and for your ashes to be scattered; perhaps even at sea. You can include a clause in your Will to reflect this. You can even include directions about your funeral music; the theme from the film Titanic, “My heart will go on” apparently being a current favourite. But funeral arrangements are sometimes made before the Will is seen, so it is important that you let your executors and close family know exactly where your Will is and where to find your funeral wishes.
What if you want to do more than make plans for your funeral? Due to the incredible generosity of people who donate their organs and tissue for transplantation, people are living longer and surviving illnesses that were previously incurable. Many trainee doctors in our teaching hospitals are now developing their knowledge using traditional, dissection-based anatomical training.
You might be surprised to know that no-one owns your body or any part of it. Not you, the NHS or your doctors. The law in this country has never defined ownership of the body which has caused intense debate among legal academics, philosophers and the medical profession. The law is unlikely to change in the near future, so you need to make it absolutely clear to your executors how you would like your body to be dealt with on your death, and ensure that the appropriate consent has been given.
Directions about the use of your body for anatomical examination can be made in your Will or by using a consent form which can be obtained from your local medical school, but it is important to get the wording right. Many medical schools reluctantly have to refuse donations because incorrect wording has been used. This not only frustrates the medical profession, but also the close family who know that their relative’s wishes cannot be followed.
If you want to donate your organs or tissue for transplant, you can give consent in your Will. But doctors ideally also need to know that you are an organ donor in an emergency situation when the Will is not available. The best way to ensure that your organs can also be made available for transplant in an emergency is to register with the NHS Organ Donor Register and carry a card. For more information on organ donation, please contact your GP or ring the NHS Donor Line on 0300 123 2323.
Kate Maybury is a solicitor in the Probate, Wills and Trusts Unit. If you need any help with the drawing up or revisions to your will, contact Raworths, telephone 01423 566666 or visit our offices at Eton House, 89 Station Parade, Harrogate HG1 1HF. Alternatively you can contact Kate by email - kate.maybury@raworths.co.uk
