Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Ex-gratia payment definition

What does Ex-gratia payment mean? A voluntary, non‑contractual payment made on a goodwill basis to resolve or mitigate a claim, without admission of liability. In insurance practice, an ex‑gratia payment is a payment by insurers to the insured where cover is not triggered under the policy wording, or where liability (or quantum) cannot be proved, but the insurer chooses to pay for commercial or relationship reasons. The term is descriptive rather than statutory; it is used across legal contexts and referenced in case law but is not defined in legislation. Key legal features include: it is discretionary; it should be recorded as ex gratia and...

Ex‑gratia payments from charitable legacies: trustees’ and executors’ moral obligations, thresholds and authorisation routes under the Charities Act 2011 (England and Wales)

Published by a LexisNexis Private Client expert

Practice notes

There are occasions when Charity trustees, or executors of a will that includes a charitable legacy, feel a moral duty to permit that gift to be redirected, in whole or in part, to someone who is neither the named beneficiary nor a beneficiary of the Charity or its purposes. The clearest example practitioners may encounter is where a flaw or illegality in the will prevents an intended beneficiary from inheriting, with the result that the charity gains an unanticipated larger legacy, potentially the entire estate...

What is an Ex-gratia payment?

The Charity Commission view an ex-gratia payment as one that involves:

trustees waiving rights to money or property to which the charity is legally entitled, even if it has not yet been received
a payment of money by trustees from the charity’s existing funds
a transfer by trustees of existing charity property, other than money

An ex-gratia payment is distinct from other forms of payment for which a charity may need consent to proceed...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Web page updated on 21/05/2026

Popular documents

Using the Judicial College Guidelines to assess general damages in personal injury claims

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Tomlin orders in England and Wales: CPR guidance on drafting, confidentiality, approval, variation, enforcement, limitation, CCA issues, court-specific requirements, sample wording and precedents

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Precedent: Deed of Surrender of Lease with Optional Premium, Settlement and Release, Landlord, Mortgagee and Guarantor Consents, Reimbursement and HM Land Registry Provisions (England and Wales)

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

Precedent Statutory Declaration: Standard Wording under the Statutory Declarations Act 1835

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...