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Independent legal advice guides

Plain-English guides to the documents lenders ask you to sign, what independent legal advice involves, and what it costs. Every guide is reviewed by a solicitor.

Cost & process

How much does independent legal advice cost?Independent legal advice (ILA) usually costs a fixed fee per person, and depends on the documents you've been asked to sign. With My Online Lawyer, ILA starts from £140 + VAT per person, and your solicitor confirms the fixed fee on a free 10-minute consultation before any work starts.What is an ILA certificate?An ILA certificate is a short document signed by a solicitor confirming they have advised you about a document your lender wants you to sign, that you understood it, and that you're signing freely. Lenders use it as evidence that the guarantee, charge or consent will stand up later.What happens at an ILA appointmentAn ILA appointment is a private meeting, usually 30 to 60 minutes by video, where a solicitor checks your ID, explains the documents your lender wants you to sign, answers your questions, and makes sure the decision is yours. If you go ahead, they witness or arrange signing and send the certificate to your lender.How long does independent legal advice take?Independent legal advice can often be done the same day: a free consultation, an advice meeting of about 30 to 60 minutes, and the certificate sent to your lender. Delays usually come from missing documents, the wrong certificate wording or signing arrangements, so having those ready makes the biggest difference.Can independent legal advice be given by video?Yes, in most cases. Many lenders now accept independent legal advice given over a video call, as long as the solicitor can check your identity and be sure you're alone and not under pressure. Some lenders still insist on a face-to-face meeting, and deeds usually need a physical witness for signing.Can my conveyancer give independent legal advice?Usually not. Independent legal advice has to come from a solicitor who is independent of the borrower and, usually, the lender. Your conveyancer typically acts for the buyer or borrower, and often for the lender too, so they can't also advise you independently. Some lenders allow a different solicitor at the same firm; many don't.Looking for an ILA solicitor near you?If your lender has asked for independent legal advice, you don't need a solicitor down the road. You need one who is independent, regulated and accepted by your lender, and who can sign your certificate quickly. Most lenders accept advice by video call, so the right solicitor can be anywhere in England and Wales.

Guarantees & business finance

Risks of signing a personal guaranteeA personal guarantee makes you personally responsible for someone else's debt, often a company's, if they don't pay. Your savings, income and home could be at risk. Before you sign, make sure you understand how much you could owe, for how long, and whether the terms can be limited.Bridging loan ILA: a checklistBridging lenders usually ask guarantors and anyone charging their property for someone else's loan to get independent legal advice. Bridging is fast and expensive, so the main things to understand are the exit, the interest and default terms, and exactly what you're putting at risk.Deed of subordination vs deed of postponementBoth documents put one creditor behind another. A deed of subordination usually ranks debts, for example a director's loan to their company behind a bank loan. A deed of postponement (or priority) usually ranks security, deciding which lender's charge is paid first from a property's sale.Debentures explainedA debenture is a security document that gives a lender fixed and floating charges over a company's assets. If the company defaults, the lender can appoint an administrator or receiver to recover what it's owed. Directors are often asked to sign one alongside a personal guarantee.Third-party legal charges explainedA third-party legal charge lets a lender take security over your property for a loan made to someone else, such as a relative or a company. If the borrower doesn't repay, the lender could sell your property. Lenders almost always require independent legal advice before you sign.How to get out of a personal guaranteeA personal guarantee is hard to escape once signed, but not impossible. This guide covers the main routes: limiting it before you sign, ending liability for future borrowing, getting released, and when a guarantee can be challenged.

Home & family property

What is an occupier’s consent form?An occupier's consent form is a document a mortgage lender asks adults living in a property to sign, when they aren't borrowers. By signing, you agree that the lender's mortgage comes before any right you have to live there. If the lender repossesses, you would have to leave.Joint borrower sole proprietor mortgages explainedA joint borrower sole proprietor (JBSP) mortgage lets a family member help someone buy a home by joining the mortgage, without becoming an owner. The helper is fully liable for the mortgage debt but has no share in the property. That's why lenders usually require them to get independent legal advice.Gifted deposits: what the giver is signingIf you're giving money towards someone's house deposit, the lender will usually ask you to sign a gifted deposit letter. It confirms the money is a gift, not a loan, and that you won't have any claim on the property. Some lenders also ask for independent legal advice.Buying with unequal deposits: deed of trustIf you and a partner, friend or relative put in different amounts when you buy together, you may be treated as owning the home equally unless you record otherwise. A deed of trust sets out who owns what and what happens if you sell or split up.What is a statutory declaration?A statutory declaration is a written statement of facts that you formally declare to be true in front of a solicitor or other authorised person. It's used where there's no other evidence, for example to confirm a change of name or lost title deeds.ID1, ID2 and ID5 forms explainedIf you're dealing with HM Land Registry without a conveyancer, you'll usually need to prove your identity on form ID1 (individuals) or ID2 (companies), certified by a solicitor or other conveyancer. Form ID5 is added when your identity is checked by video call.

Employment

Settlement agreements explainedA settlement agreement ends your employment claims in return for a payment, and it's only binding if a solicitor advises you on it first. Your employer usually pays for that advice. Here's what to check before you sign.

Case law

Etridge explained: why lenders insist on ILARoyal Bank of Scotland v Etridge (No 2) is the 2001 House of Lords case that set out what lenders must do when someone guarantees, or charges their home for, another person's debts. It is the main reason lenders ask for independent legal advice and a solicitor's certificate.

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