Donation of organs – a question we are now asked!

Donation of organs – a question we are now asked!

Donation of organs – a question we are now asked! 

A new law relating to donation of organs was brought into being in England on the 20th May 2020.  It’s called “Max and Keira’s Law” after Keira Ball, who died aged nine in 2017 and Max Johnson whose life was saved when he received her heart.  The new law is intended to reduce the uncertainty around organ donation and save and improve more lives.  Everday someone dies in the UK waiting for a transplant. One organ donor can save or transform the lives of up to nine people. Tissue transplants can also significantly improve a person’s quality of life. This might be a cornea to help someone see again, a replacement heart valve to treat a heart defect, or skin to treat severe burns.   

All adults in England will be presumed to be organ donors unless they specifically opt out from donating their organs or are members of the “excluded group”. These are people under the age of 18, or people who do not have sufficient mental capacity to understand the new law, visitors to England and people who have lived in England for less than 12 months before their death. 

If you do not wish to donate your organs on your death then you should specifically opt out by recording your wishes on the NHS Organ Donor Register, where this gives you the ability to record which organs (if any or none) you wish to donate. 

It is always a good idea to talk to your close family or person nominated to be your next of kin regarding your wishes on this subject as even with the new law in place, these people will always be consulted before any organ donation takes place.   

You may wish to include any wishes that you may have in your Will or in a letter of wishes, which whilst not binding, will provide an insight into your thoughts on the subject.  

You can nominate up to two representatives to make a decision on your behalf if you do not wish to do so.  They will need to sign the online “nominate a representative” form.  

If you would like to discuss your Will, our Private Client team would be happy to help.  You can contact us by emailing [email protected] or by calling 01206 577676.

You can obtain more information by visiting https://www.organdonation.nhs.uk

If you would like any advice from our Private Client department

Contact GoodyBurrett on 01206 577676 or email [email protected]

New ‘no fault’ divorce – out with the ‘blame and claim’ game!

New ‘no fault’ divorce – out with the ‘blame and claim’ game!

New ‘no fault’ divorce – out with the ‘blame and claim’ game!
 
If you want to apply for a divorce, as the law currently stands, it’s a ‘blame and claim game’. you have to either blame your husband/wife for the breakdown and claim that they either committed adultery or have behaved so reasonably that you can’t live with them. If you can’t or don’t want to do either, you have to wait for two years – in certain circumstances, five years. This having to blame the other causes extra aggravation at a time when the atmosphere is already tense. The government have been promising reform for years but now its finally becoming a reality: the Divorce, Dissolution and Separation Act 2020 received Royal Assent on 25th June and removes blame and fault from the divorce process.
 
Whilst these changes are not expected to take effect until late 2021 or even early 2022 (no date has been announced: the Government says the delay is “because time needs to be allowed for careful implementation”), here are the main changes:
 
  • ‘Irretrievable breakdown’ remains the sole ground for divorce: you don’t have to prove adultery or unreasonable behaviour to justify wanting to end the marriage – all you have to do is state that the marriage has broken down irretrievably;
  • The ‘irretrievable breakdown’ statement is determinative meaning the divorce can only be challenged on a limited number of very technical grounds such as jurisdiction or the validity of the marriage itself. This will remove the real or tactical threat that of a defended divorce;
  • a married couple can make a joint application to the court to end their marriage;
  • There must be a minimum of 6 months between the lodging of the petition and the final divorce order being made;
 
This last means that although you will be able to divorce without having to say precisely why you think the marriage has broken down, it’s not a ‘quickie divorce’. I’m not sure that exists! If you issue a divorce petition now, you can expect the whole process to take between 3-4 months given cooperation on both sides and an efficient court. I have to say that recent experience of the government’s new on-line procedure is very promising and once Her Majesty’s Courts & Tribunals Service tweaks their professional-use web site to make it a bit more user-friendly, this will be the way ahead.
 
As ever, GoodyBurrett are here to help. You can’t beat our £99 + vat fixed fee meeting. It’s great value and we’ll give you a full note of what we discuss. Give me a ring or send an email to [email protected]

If you would like any advice from our Family department

Contact GoodyBurrett on 01206 577676 or email [email protected]