What is an independent legal advice (ILA) certificate?

What the certificate says

Wording varies by lender, but most ILA certificates confirm that the solicitor:

• is acting for you, and not for the lender or the borrower
• has explained the nature and effect of the documents, and the risks
• has advised you without the borrower or anyone else with an interest present
• is satisfied that you understand the advice and are signing of your own free will
• has checked your identity

You’ll usually sign it too, confirming you received the advice.

Why lenders need one

If you’re guaranteeing or securing someone else’s debt, or giving up rights in your home, there’s a risk that you were pressured or misled. If that happened and the lender didn’t take reasonable steps, the lender might not be able to enforce the document. The certificate is the lender’s evidence that it did. The rules come mainly from the House of Lords’ decision in Royal Bank of Scotland v Etridge.

Common documents that need a certificate

• personal guarantees and directors’ guarantees
• third-party legal charges
• occupier’s consent forms
• joint borrower sole proprietor mortgages
• gifted deposit letters
• equity release
• deeds of subordination

Lender wording matters

Many lenders insist on their own form of certificate, and some won’t accept anything else. A certificate on the wrong form is one of the most common reasons for a last-minute delay. Before your appointment, send your solicitor:

• the lender’s certificate template, if there is one
• any instructions the lender has given to the advising solicitor
• the documents you’re being asked to sign

When a solicitor can’t sign

A solicitor can only sign if they’re genuinely satisfied. They will decline if, for example:

• you don’t seem to understand the documents after explanation
• there are signs you’re being pressured
• they have a conflict of interest, such as also acting for the borrower
• the borrower insists on being present for the advice

That protects you, and it protects the lender too.

Getting your certificate

With My Online Lawyer, you start with a free 10-minute consultation. If you go ahead, your solicitor advises you, usually by video, and sends the signed certificate to your lender, broker or conveyancer, often the same day. See how it works.