Define: Gratuitous Allowance

Gratuitous Allowance
Gratuitous Allowance
Quick Summary of Gratuitous Allowance

A gratuitous allowance is the receipt of money or items without the need to work for or earn them. This can occur through inheritance, pensions, discounts, or court awards.

Full Definition Of Gratuitous Allowance

A gratuitous allowance is a financial benefit that is given voluntarily and without any obligation or contract. It can include a pension granted by a public entity, a portion of a decedent’s estate set aside for a surviving spouse, children, or parents, and a special sum awarded by a court to the prevailing party in a difficult case. For instance, retired military personnel may receive a gratuitous allowance as a gesture of gratitude for their service, and a fiduciary who has provided exceptional services in a challenging case may be granted a gratuitous allowance by a court. Unlike wages, salaries, and contractual allowances, a gratuitous allowance is not given in exchange for services rendered or as part of a contractual agreement.

Gratuitous Allowance FAQ'S

A gratuitous allowance refers to a financial or material benefit given voluntarily, without any legal obligation or requirement to do so. It is typically provided out of goodwill or generosity.

No, a gratuitous allowance is not legally binding. Since it is given voluntarily, the recipient does not have any legal rights or entitlements to continue receiving it.

Yes, the provider of a gratuitous allowance has the right to revoke or discontinue it at any time, without any legal consequences. They are not obligated to continue providing the allowance indefinitely.

No, a recipient cannot take legal action if a gratuitous allowance is stopped. Since it is not a legally binding agreement, the recipient does not have any legal recourse to enforce its continuation.

It depends on the jurisdiction and specific circumstances. In some cases, a gratuitous allowance may be considered taxable income, while in others it may be exempt. It is advisable to consult with a tax professional or legal expert to determine the tax implications.

Yes, a gratuitous allowance can be included in a legal contract or agreement if both parties agree to it. However, it is important to clearly specify the terms and conditions, including the right to revoke or modify the allowance.

In certain cases, a gratuitous allowance may be used as a defence to show a history of financial support or assistance. However, its admissibility and relevance will depend on the specific circumstances and the laws of the jurisdiction.

Yes, a gratuitous allowance can be considered a gift, as it is given voluntarily without any expectation of repayment or compensation. However, it is important to distinguish between a gift and a legally binding financial arrangement.

In some cases, a gratuitous allowance may be considered when calculating child support or alimony payments. However, this will depend on the laws and regulations of the jurisdiction, as well as the specific circumstances of the case.

Yes, a gratuitous allowance can be modified or adjusted if both parties agree to the changes. However, since it is not legally binding, any modifications or adjustments would need to be made voluntarily and without any legal obligation.

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Disclaimer

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 16th April 2024.

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