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Category Archives: Golden Rule
Posted: at 7:42 am
With the disastrous effects of COVID-19 laid bare across the globe, there has been a recent surge in the number of people looking to make or update their Wills. In light of this rather morbid thought, an interesting judgment has brought the issue of testamentary capacity and the 'Golden Rule' into focus; Re Baron Templeman of White Lackington (Deceased).
Interestingly, the testator of the will at the centre of these proceedings was none other than Lord Templeman; the former High Court Judge who developed the Golden Rule.
The Golden Rule
Lord Templeman first coined the Golden Rule in the landmark case of Kenward v Adams , where he stated:
'In the case of an aged testator or a testator who has suffered a serious illness, there is one golden rule which should always be observed: the making of a will by such a testator ought to be witnessed or approved by a medical practitioner who satisfies himself with the capacity and understanding of the testator, and records and preserves his explanation and finding'.
Whilst the Golden Rule is a 'rule of solicitors' good practice'  rather than of law, it is accepted that it should where possible be observed by solicitors as it has the benefit of making it more difficult for the Will to be challenged in due course on grounds of lack of testamentary capacity.
Lord Templemans 2008 Will
Somewhat surprisingly, when Lord Templeman made his final will in 2008 at the age of 88 it was drafted by a solicitor but was not witnessed by a medical practitioner.
This 2008 Will made a number of changes to the provisions of a previous Will and codicil; most notably, altering the gift of the house ('Mellowstone') he had inherited from his late second wife, Sheila. Instead of the value of Mellowstone being shared amongst his grandchildren and the residuary beneficiaries of Sheilas estate (as provided for by Lord Templemans previous Will), the 2008 Will provided that Mellowstone was to pass to Sheilas two step-children (the 'Claimants').
Upon Lord Templemans death in 2014, his son and daughter-in-law (the 'Defendants') refused to administer his estate in accordance with the terms of his 2008 Will and asserted the Will to be invalid on the basis that that Lord Templeman had lacked testamentary capacity to make it.
The Defendants principal basis for their assertion was that Lord Templeman must have forgotten his previous Will and codicil when making his 2008 Will because there was no rational explanation for the differences between his final Will and his previous testamentary dispositions.
However, they also argued that as Lord Templeman, of all people, had (apparently) failed to raise the question of medical assessment when instructing his solicitor to make his 2008 Will and therefore seemingly forgotten his own Golden Rule, this was evidence in itself that he lacked testamentary capacity at that time.
Mr Justice Fancourt held in favour of the Claimants, upholding the 2008 Will and finding that Lord Templeman did have testamentary capacity when making it.
In making this judgment, Fancourt J relied upon numerous witness accounts as to Lord Templemans mental capacity in 2008 and the years that followed. This included evidence that:
Fancourt J also attributed Lord Templemans failure to ensure his solicitor followed the Golden Rule as evidence of 'the commonplace that people who are able dispassionately to give good advice to others do not always follow such advice themselves'  (a point aptly demonstrated by ex-SAGE advisor Neil Ferguson).
As this case shows, testamentary capacity, like many other legal concepts, is proved by evidence. In Lord Templemans case, there was evidence available to demonstrate his capacity but the outcome of this case could have been very different if that evidence had not been available. The beauty of the Golden Rule is that, absent strong evidence to the contrary, it should put testamentary capacity beyond doubt.
In practice, however, following the Golden Rule can be problematic - medical practitioners are often unwilling to get involved and lack knowledge of the common law test for establishing testamentary capacity. Given also the potential for delays and cost consequences, absent any obvious signs hinting at capacity issues or radical changes to an existing Will, solicitors may often not suggest a capacity assessment based simply on the testators age.
In this case, the major changes made to Lord Templemans previous Will should have been a warning light to Lord Templemans solicitor to make extra enquiries or to suggest a capacity assessment. Despite having access to the previous Will and codicil (copies of which were kept at the solicitors firm) no mention was made of them in the solicitors attendance note. Whilst one might have some sympathy for the solicitor being a bit circumspect about suggesting a capacity assessment to a legal giant (especially where his Scrabble skills are so obviously undiminished!), at the very least, a more thorough account of Lord Templemans reasons for altering his Will should have been recorded.
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Posted: at 7:42 am
One possible answer to Sen. Cotton query
In response to Peter Elzer's question of why Sen. Tommy Cottontail repeats everything President Trump says?
It's simple. All little boys imitate their Daddy.
No supremacy involved in following Golden Rule
The day is coming when those white men with assault rifles and racist flags will be met by an equally large and well-armed group of black men. And all hell will break loose. Racists and gun nuts have been around forever, but Trump's blanket racism started a wildfire.
The Boogaloo Boys, the alphabet men, the Proud Boys: They want the doors open for civil war, more than just being racist. These trends date back to the Oklahoma bombing, Waco and Ruby Ridge. All the way back to before the Civil War, this violence has been brewing until it erupts into death and destruction.
None of this will end until white people stop seeing black people as inferior. And it's not just racism; it's all areas permeated in our society where one group of people sets itself up as superior to another. There is only one area of superiority, or trait, that makes one person better than another, and that's how we treat one another.
The Golden Rule is the one and only valid yardstick of measurement. The rest of these criteria like color, money, skills, good looks, educational level, social position, all of that is quite superficial when you ask the question, "Yeah, but how do you treat your neighbor?"
Do you love your neighbor as you love yourself? If not then you are falling short of the glory of god.
Maybe Class of 2020 will find end to racism
It is with a heavy heart that I apologize to the Class of 2020 for not addressing the problems of our society.
For my entire life, we have seen demonstrations against social and economic racism throughout our nation turn violent, with looting, burnings, divisiveness and even deaths. The vast majority of people do not view this as a positive way to express the feelings of communities that are suffering, and I agree that peaceful demonstration, though frustrating and time-consuming, are the way to proceed and exert change.
We as the wealthiest country in the history of the world, with the greatest minds and intellectual institutions in the world, and the country that has given its people the greatest opportunity for success, how is it that we cannot seem to find a remedy for this disease called racism.
I am hopeful that the members of the Class of 2020 will be able to succeed where we have failed.
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Posted: at 7:42 am
In a time of crisis, it is helpful to review the basics.
The most trustworthy basic I know is the Golden Rule. An expert in the law heard Jesus debating in public, admired his answers and so asked, Of all the commandments, which is the greatest?
Jesus answered, Love the Lord your God with all your heart and with all your soul and with all your mind and with all your strength. The second is this: Love your neighbor as yourself. There is no commandment greater than these.
It sounds so easy; but we all know its hard.
For starters, were terribly busy these days. That love the Lord your God business gets pushed down further and further on the To Do list.
Then there are our hearts and souls shriveling from poor nutrition and outright neglect.
Our minds are occupied with social media, browsing the net, online shopping and streaming Netflix.
Strength? It sounds so, well, tiring. Maybe someone will make an app for it.
Moderns have put a spin on love your neighbor as yourself, claiming the verse is actually a command to love yourself first because you cant love others until you love yourself. That might be true for a few but, for most of us, love of self comes naturally. Often, too naturally. Dangerously naturally. It is our loving others that needs cultivation and examination.
C.S. Lewis, author The Chronicles of Narnia, once wrote, There are no ordinary people. You have never talked to a mere mortal Its a shocking claim on the surface, but the reason there are no ordinary people is that we have been created in the image of God.
Lewis went on to say that our greatest joys in life come from relationships between people who take one another seriously with no flippancy, no superiority, no presumption relationships in which people think before they act or speak. If only. Yet, things impossible to man are possible with God.
There is one more basic that keeps running though my head. It is the prayer that never fails. It was told to me by an older gentleman, a former Marine thrust into World War II as a young man with brief preparation. He and his fellow soldiers were basically abandoned on the battle-entrenched island of Guadalcanal. The soldiers were sick with dysentery and malaria, surviving on meager rations. When one of the soldiers threatened mutiny, he knew he had to act quickly, so he prayed the prayer that never fails, Lord, help.
A fine prayer then and a fine prayer now.
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Posted: at 7:42 am
Golden-point tie-breakers and red-card replacements are among the innovations set to be used when Super Rugby Aotearoa kicks off.
New Zealand Rugby (NZR) announced the rules will come into play for its domestic version of Super Rugby, which is taking place in lieu of the proper competition that was suspended due to the coronavirus pandemic.
Among the changes is the introduction of a golden point, a format used in NRL where the first team to score either by try, drop goal or penalty in the event of a draw in an additional 10-minute period wins the game.
Teams can also bring on a replacement for a player who receives a red card 20 minutes after they have been sent off. The punished player will still be subject to SANZAAR's existing judicial process and cannot return to the field.
NZR head of professional rugby Chris Lendrum said: "We want this competition to look and feel different.
"We've had great support from our coaches, players and referees to makeSuper Rugby Aotearoa faster, safer and more exciting than ever before.
"Draws can often leave everyone feeling a little empty and after feedback from our coaches and players we have added the golden point rule. We've seen the excitement it can generate in other codes and we think adds a real edge.
"While players should, and still will be, punished for foul play, red cards can sometimes have too much of an effect on a match.
"There are no winners when a player is red carded, but paying rugby fans, players and coaches want to see a fair contest. Replacing a player after 20 minutes strikes the right balance."
NZR also said referees will enforce rules at the breakdown more strictly in a bid to create more attacking rugby.
The Highlanders versus the Chiefs at Forsyth Barr Stadium, Dunedin, will kick off Super Rugby Aotearoa on June 13.
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Posted: at 7:42 am
While dealing with the devastation and uncertainty wrought by the COVID-19 pandemic, yet another public health problem has reared its ugly head. Racial prejudice. As a physician I can assure you we all look alike on the inside and as a Christian I know we all look the same to God.
Healing this malady is simpler than dealing with any virus. It entails altering our everyday thoughts and comments. Stop uttering racial slurs, even in private. Do not have unwarranted fear of others based solely on their skin color and or ethnicity. Try your best to live by the Golden Rule of doing to others as you would have them do to you.Thereby become a positive influence to those around us.
Let us all work together to heal this country it is never too late.
Mark R. Miles, M.D.
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Posted: at 7:42 am
After maybe one of the hardest weeks ourcities havefaced, like many of you, local stores andbrands are shifting their usual operations and remaining engagedand dedicated to giving back to those people and places that need it most. We've rounded up a list of Twin Cities businessesfighting the good fight and stepping up to stand in solidarity in order tomake a difference. #JusticeForGeorgeFloyd
Looking to more ways to help out?Visit this roundup, updated daily.
Hybrid Nation: The local streetwear and lifestyle brand uses its fashion for the continuation of action and conversation focused on promoting the importance of diversity and social equality. Proceeds go to the family of George Floyd and the community of Minneapolis, hybridnationclothing.com, @hybridnation
Larissa Loden: 100 percent of all local jewelry designer Larissa Lodens For George bracelets will go to Black Visions Collective (BLVC), a Minneapolis-based organization dedicated to creating campaigns led by black leadership and dismantling systems of racial oppression and violence. Thus far, Loden has raised and submitted over $13,000 to BLVC, Color of Change and the We Love Lake Street organizations.larissaloden.com, @larissaloden
Flotsam + Fork: To support the Black Lives Matter movement, the local European home goods store, located just one block away from where George Floyd was killed,donated all of its profits from May 29-31 to several community organizations including Minnesota Freedom Fund and We Love Lake Street. Throughout this week, the shop is donating 100 percent of proceeds to its neighborhood association, the Central Area Neighborhood Development Organization. "We are angry about a system that is so broken and unjust that destruction is the only way to be heard," says husband and wife and store ownersAdrianna Fie and Joe Hasler."We demand justice for George Floyd and we demand change." flotsamandfork.com
Ergo Floral: Looking for (or to send) a day brightener?St. Paul floral and gift shop Ergocurrently openis donating 100 percent of all proceeds to Twin Cities-based nonprofit Communities United Against Police Brutality (CUAPB). Ergofloral.com
Mother Co.: This week, theNorth Mpls. plant shop andboutique is creating a pop-up construction shop at Meteor Bar to help South and North Mpls. businessesrebuild from riot and looting damage. Fordonation and collection times, check@shopmother.
Barre3: Through the remainder of the year,to make the privilege of taking a group fitness class more accessible to every person in our community, theEdina fitness studio isshifting its Sunday 4:30 P.M. classes to a "pay what you can" model. At the end of each month, Barre3 will match and donate all of the funds raised from the weekly classes to causes that are focused on rebuilding the Twin Cities, honoring the memory of George Floyd, and to organizations that advocate for the success of BIPOC. barre3.com
Meteor Bar: This Thursday, the Mpls. bar will reopen its online to-go shop and donating 50 percent of proceeds to Du Nord Craft Spirits fund and the WBC and Northside Funders Group. Plus, buy Meteor's community cocktaila rotating specialty cocktailand 100 percent of proceeds will go toward an organization in the community that's dedicated to creating positive change. @meteor.bar
Looking to donate food and supplies? Look to these stores hosting drives (week of June 1):
Face Foundri: The spa is hosting a donation drop at its North Loop location on June 3 from 12-4 P.M. to benefit the Northside Funders Group. Items needed: nonperishable foods, water, hygiene products, sanitizer, face masks, gloves, first aid supplies, diapers and wipes, and formula. facefoundrie.com
Golden Rule Gallery: Attn: West 'burbs! Every morning this week, the Excelsior shop will be taking donations for affected areas in the cities and newly-formed food deserts. Keep a pulse over on Golden Rules Instagram, @goldenrulegallery.
Nail Ninja: June 1-6, the St. Louis Park salon is hosting a donation drive. For every item donated, the salon is donating $1 to Communities Unite Against Police Brutality. Each day, Nail Ninja will update its list of supplies needed for donors, @nailninjaminneapolis
Great Lakes Co.: The Northern-inspired apparel brand is hosting supplydrives Wednesday and Thursday, June 3-4 atits Minneapolis warehouse. Bringbaby supplies, household items, hygiene products, or nonperishable foods, 12-6 P.M,@greatlakesco.
Have something to add? Email email@example.com.
Non-Black journalists, students and college administrators need to do better. So do we. – The Rice Thresher
Posted: at 7:42 am
By Thresher Editorial Board 6/1/20 6:40pm
On May 25, Derek Chauvin killed George Floyd. Chauvin, a Minnesota police officer, pressed his knee against Floyds neck for almost nine minutes while Floyd was handcuffed and lying face down on the ground. Floyd did not merely die in police custody as the Washington Post and other publications continue to insist on phrasing it. As Floyd pleaded that he couldnt breathe, a police officer killed him. Active voice.
Every journalist learns that proper form in writing news articles calls for using the active voice (subject did thing) over passive voice (the thing was done). This is because news journalism, at its best, aims to answer the questions we learned to ask as third graders who, what, when, where, why and how as accurately as possible.
In reporting on George Floyd, as well as on the countless other instances of violence against Black Americans and on the protests unfolding across the country as a result, many professional journalists seem to have forgotten this golden rule. Instead, they jump through hoops to avoid saying things that might make White, police-supporting people uncomfortable. Just the other day, The New York Times unabashedly exhibited their bias in one tweet, describing two incidents of police brutality in the anonymous passive voice, but one instance of protestors igniting violence in an active voice.
We point this out to illustrate that journalists have power. The irresponsible, biased use of that power risks perpetuating the same dangerous narratives about Black people that are used to falsely justify their murders. Although critiques of such journalism practices often appear on Twitter, the vast majority of people do not use Twitter. The New York Times and the Washington Post are two of the most widely circulated newspapers in the country, and if they say George Floyd simply died in police custody, a lot of Americans will too. Thats a problem because it erases the longstanding history of police brutality and racist violence against Black people embedded in American political and economic systems.
To that point, and as Black people have been saying for a long time, what is happening in America right now is not just about George Floyd. It is about Breonna Taylor, Ahmaud Arbery, Tony McDade, Philando Castile, Sandra Bland, Eric Garner and Trayvon Martin. It is about a list of Black people too long to include in this editorial, and about all the people who didnt become hashtags. It is about the systemic racism that perpetuates this violent pattern.
Our campus is not immune to those systems. In 2013, the Harris County district attorneys office investigated three Rice University police officers for using batons to beat an unarmed Black man, Ivan Joe Waller, who allegedly stole a bike. The officers did not face criminal charges and were allowed to remain on the force. At the time, the Houston Chronicle highlighted the lack of transparency surrounding the case, urging President David Leebron to release the full video of the arrest, explain what actions have been taken against the officers and hold Rice University Police Department accountable. The details of the case remain unclear, and RUPD has fallen under scrutiny for other racial issues since then. In 2018, the Thresher reported on two instances of racial profiling, although its safe to say racial profiling has happened on campus more than twice. And of course, racism takes place on campus beyond instances involving RUPD, as Black students have told the Thresher and campus at large.
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The Thresher is not immune to insensitive reporting, either, especially because we have a pattern of being much Whiter than the Rice population. In 2018, our then-art director and former editor-in-chief Christina Tan studied a sample of Thresher articles to gauge our engagement with people of color. She found a number of disappointing statistics, including that 80 percent of our bylines were by White students, only six percent of student quotes were from Black students and our editorial staff had no Black people. Although we believe, based on informal observations, we have improved quite a bit in the last two years, we are still miles away from accurately reflecting the demographics of our student body.
It is the Threshers responsibility to provide accurate, sensitive reporting that is relevant to all communities on our campus, and we can do better. In order to do so, we are committing to diversifying the populations whose quotes we include in our stories, pursuing bylines for writers from underrepresented communities and moving towards an editorial team that more accurately reflects our schools population. We aim to learn from our mistakes as well as mistakes that our professional counterparts have made and provide a platform that uplifts voices that may otherwise go unheard. Finally, we are committing to listening thoughtfully and critically to any feedback on our reporting from the Rice community, especially from Black students and other groups who are not well represented on our staff.
While we turn to examine ourselves and our practices, we ask the non-Black student body and the administration to do the same. For non-Black students, we hope you will use this moment to reflect inwards whether that is towards your own club, your family, or yourself and ask yourself how you have benefited from and been complicit in systemic racism. We ask that you donate what you can to Black organizers such as Rice for Black Life and the organizations they supported in their recent fundraiser with nearly $100,000 in donations, and use the ample privilege you have as a Rice student to educate yourself on what exactly is happening.
To the Rice administration, we ask that they acknowledge the mistakes they have made, including the horrific actions that RUPD officers took against Ivan Joe Waller and other discriminatory practices against Black students. We ask that they take steps to ensure that what happened to Waller never happens to anyone again. And we ask that they be transparent about those steps so that they can be held accountable by the Rice community. Although we appreciate Leebrons email in solidarity with students, we urge the president and the university to put action beyond those words. Two-hundred dollars is not enough.
Editors Note: Thresher editorials are collectively written by the members of the Threshers editorial board. Current members include Rishab Ramapriyan, Ivanka Perez, Amy Qin, Elizabeth Hergert, Ella Feldman, Katelyn Landry, Simona Matovic and Tina Liu.
Mental Capacity And Wills: The Importance Of Detailed Assessments And Notes – Family and Matrimonial – Gibraltar – Mondaq News Alerts
Posted: at 7:42 am
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Although an individual has testamentary freedom, it is importantthat their mental capacity is correctly assessed when they arechoosing to disinherit an individual who could make a claim underthe Inheritance (Provisions for Family and Dependents) Act 1977. Inthe event that a testator's case may turn contentious aftertheir death, due to them disinheriting certain family members ordependents, legal practitioners should carry out the followingsteps:
Firstly, instructions should be received directly from thetestator and family members and potential beneficiaries should berequested to leave the room in any relevant meetings.
Secondly, legal practitioners should ensure that a testator hasthe mental capacity to make a Will. It is good practice tofollowing the test set out in Banks v Goodfellow(1870) LR 5 QB 549 and record in writing any relevant informationgathered in detail.
Finally, they should follow the "Golden Rule", anexpected professional standard which entails a medical practitionerconducting an appropriate examination of the testator at the timeof execution of the Will and the conclusions of such examinationrecorded in writing. The "Golden Rule" also advises thata medical practitioner act as a second witness to theWill.
All file notes, assessments and opinions should be kept with theoriginal Will. These documents could prove to be important as theburden of proof, when capacity is questioned, lies with the personstrying to prove the Will and not those contesting it.
It should be noted that following the Banks vGoodfellow test and the "Golden Rule" does notnecessarily guarantee that the testator had capacity. It doeshowever, make it very difficult to show otherwise.
The content of this article is intended to provide a generalguide to the subject matter. Specialist advice should be soughtabout your specific circumstances.
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Ogier in Guernsey have launched an online wills portal, providing a simple, step-by-step way for Islanders to provide the team with the information they need to draft a simple will.
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