Question 1

What is Independent Legal Advice?

Accepted Answer

It's advice given to you by a solicitor who isn't acting for the lender or the borrower. Their job is to explain the document you've been asked to sign, the obligations that come with it and the risks, so you can decide for yourself.

Question 2

Why has my lender asked me to get ILA?

Accepted Answer

Usually because you're taking on a risk without getting the direct benefit, for example guaranteeing someone else's borrowing, offering your property as security, or being on a mortgage for a property you won't own. The lender wants to know you had your own advice.

Question 3

Can my conveyancer give me the advice?

Accepted Answer

Often not. Where a solicitor already acts for the borrower or the lender, they usually can't also advise you independently. That's why you've been pointed towards a separate firm.

Question 4

Can I do my appointment online?

Accepted Answer

Many matters may be suitable for remote advice, but it depends on the lender's instructions, the document requirements and the circumstances of the transaction. We check that before confirming your appointment.

Question 5

How quickly can this be done?

Accepted Answer

We aim to respond to new enquiries within 12 hours. Once we have the documents and checks we need, we aim to progress suitable matters towards an appointment within the following 24 hours. If you have a completion deadline, tell us when you enquire and we'll let you know what is possible.

Question 6

What documents do you need?

Accepted Answer

Typically the document you've been asked to sign, the lender's instructions, any certificate template and the mortgage offer or facility agreement. If you're not sure, send what you've been given and we'll tell you if anything is missing.

Question 7

What happens during the appointment?

Accepted Answer

The solicitor confirms your identity where required, goes through the documents with you, explains the obligations and main risks, answers your questions and makes sure you're entering into the arrangement freely.

Question 8

How long does the appointment take?

Accepted Answer

It depends on the documents and your circumstances. A single short consent form is quicker than a facility agreement with a guarantee and a charge. We'd rather take the time to do it right than rush it.

Question 9

Do I have to sign after receiving advice?

Accepted Answer

No. Receiving independent advice doesn't commit you to proceed. The decision stays yours.

Question 10

Will you tell me whether I should sign?

Accepted Answer

Our role is to advise you independently about the document, the obligations and the risks so you can make an informed decision. We'll make sure you understand exactly what signing would mean for you.

Question 11

What happens after my appointment?

Accepted Answer

Where the relevant requirements are satisfied, we deal with the signing process and complete the ILA certificate or lender-required confirmation, then return it in line with the lender's or transaction solicitor's requirements.

Question 12

Will my lender accept the certificate?

Accepted Answer

Lender requirements vary, which is why we review the relevant instructions before confirming the process. If a lender has specific requirements about how advice is given, witnessed or certified, we work to those.

Question 13

Can you deal directly with my broker or conveyancer?

Accepted Answer

Where you authorise it and it's appropriate to do so, yes. Plenty of our work comes through brokers and conveyancers who want the ILA handled without the transaction stalling.

Question 14

What if I don't know what type of ILA I need?

Accepted Answer

That's completely normal. Send us the documents you've been given and we'll work out what's required.

Independent Legal Advice FAQs

Questions people usually ask