What is Independent Legal Advice (ILA)?
The complete guide to ILA in the UK — when you need it, what to expect, and how it protects you
✔ Online
Poppy LLB
Solicitor
✔ Online
Zain
Solicitor
✔ Online
Mohsin
Solicitor
How Can We Help You?
Please supply us with:
- The document you have been asked to sign
- Brief details of the transaction
- Contact details of the lender or other party's solicitor
- Your preferred appointment time
Independent Legal Advice (ILA) is legal advice given to you by a solicitor who is genuinely independent of the other parties to a transaction. The solicitor acts solely in your interests — not the bank's, not the seller's, not your employer's. Their job is to make sure you understand what you are signing, the risks involved, and any alternatives.
ILA is required in a surprisingly wide range of UK transactions — from buy-to-let mortgages to guarantor arrangements, gifted deposits to family loans. This guide explains the full landscape: what ILA is, when it's needed, what the law says, and what to expect when you come to us for advice.
The Legal Basis for ILA
The modern requirement for ILA stems primarily from two House of Lords decisions: Barclays Bank v O'Brien [1994] and Royal Bank of Scotland v Etridge (No 2) [2001]. These cases established that lenders can have transactions set aside where guarantors or co-signatories were subject to undue influence and the lender failed to ensure they took proper independent advice.
Transactions That Commonly Require ILA
- Personal guarantees for business or buy-to-let mortgages
- Guarantor mortgages and family-supported lending
- Joint Borrower Sole Proprietor (JBSP) mortgages
- Occupier's consent forms and waivers
- Bridging loans and development finance
- Gifted deposit declarations
- Second charge mortgages and secured loans
- Family loan agreements and intrafamily mortgages
- Commercial guarantees and debentures
- Deed of postponement / deed of subordination
Areas we do not currently assist with
Please note that Lawyers Online is not currently able to provide Independent Legal Advice on the following matters:
- Equity Release & Lifetime Mortgages — including all Equity Release Council products
- Transfer of Equity — including transfers between spouses on marriage or divorce, and other change-of-ownership transactions
If your matter falls into one of these categories, we recommend contacting an SRA-regulated solicitor who specialises in that area, or your local Citizens Advice for a referral.
What Happens at an ILA Appointment
1. Document Review
Before your appointment, we review the document you have been asked to sign. We identify the key risks, unusual clauses, and questions to ask you. A good ILA appointment is not just reading you the document — it is highlighting what you specifically need to focus on. See our full step-by-step guide to ILA appointments.
2. The Conversation
Your appointment is normally a video call (Zoom, WhatsApp, FaceTime) lasting 10–20 minutes — longer for more complex matters. We explain the document in plain English, the financial risks, the worst-case scenarios, and any practical alternatives.
3. Your Questions
Time is built in for your questions. There is no such thing as a stupid question — we would much rather you ask and understand than sign in ignorance. We will keep going until you are satisfied.
4. The Decision is Yours
We do not tell you whether to sign. We tell you what you are signing, what it means, what the risks are, and any concerns we have. The decision is always yours — and we will support whatever choice you make.
5. Signing and Certification
If you proceed, the document is signed (usually with wet ink signatures, witnessed). The document is then sent to us to be certified, scanned, and forwarded to the lender or other party's solicitor — same day where possible.
6. The Certificate
We provide a Certificate of Independent Legal Advice — the formal document confirming we have advised you. This is what the lender, employer, or other party needs to satisfy their requirements.
Frequently Asked Questions
Why do I need Independent Legal Advice?
ILA exists to protect you. Lenders and other parties to a transaction often have far more legal expertise than the people they are dealing with. ILA gives you your own qualified solicitor whose only job is to make sure you understand what you are signing. It also protects the lender from later challenges, which is why they require it.
Can the solicitor handling my conveyancing also give me ILA?
Generally no. The point of ILA is independence — your solicitor cannot give independent advice on a transaction they are also acting on. You will normally need a separate solicitor for the ILA element, and that is what we provide.
How much does ILA cost?
Our fixed fee starts from £150 plus VAT for standard ILA appointments. More complex matters (complex commercial guarantees or large multi-party guarantees) may carry a higher fee, which we will quote clearly in advance. There are no hidden costs.
How quickly can I get ILA?
We offer same-day and next-day video appointments. From booking to receipt of your certificate is typically 1–3 working days, depending on postal turnaround. For urgent matters, we can sometimes deliver same-day certificates.
Is the ILA appointment confidential?
Yes. Your conversation with us is protected by legal professional privilege. We do not share what you tell us with the lender, your employer, or any other party — only the certificate confirming that we advised you.
What if I decide not to proceed after ILA?
That is entirely your right. If, after our advice, you decide not to sign, the transaction simply does not proceed. We will not pressure you in either direction. Our role is to inform, not to persuade.
Are video appointments accepted by lenders?
The vast majority of lenders accept ILA via video call. A small number (notably Fleet Mortgages and one or two others) require in-person appointments. We will confirm your specific lender's requirements before booking.
Can I bring someone with me to the appointment?
Generally no — ILA must be given to you alone, without the influence of the other party to the transaction. The exception is in very limited circumstances where the other party is genuinely independent. We will guide you on this.
Book Your ILA Appointment Now
Lenders & Companies We Work With
