Estate Planning

Planning for Organ Donation

By Hull & Hull LLP

A new study (find it here) suggests that even when a testator (and family members) support organ donation, there is no guarantee that these wishes will be carried out when someone dies. Researchers at the University of Southampton in the UK have concluded that relatives are often reluctant to carry out the deceased’s wishes regarding organ donation, due primarily to conflicting feelings over “protecting the body” of the deceased and “making a gift of life”.

In Ontario, custody of the deceased’s body belongs to the Executor and Trustee, and he or she has the authority to make the necessary arrangements. Testamentary instructions regarding organ donation have no legal effect and depend solely upon the wishes of the next of kin and the trustee for implementation.

Nevertheless you may wish to include such instructions in your Will. Making your views on the subject known to family and your Trustee, and signing your Ontario driver’s license, may also help to ensure your wishes are respected. Various charitable organizations (such as the Kidney Foundation) have sample donation clauses, and Part II of the Trillium Gift of Life Network Act is worth considering.

Sarah Hyndman Fitzpatrick

Full post as published by Toronto Estate Law Blog on February 26, 2008 (boomark / email).