What is Independent Legal Advice (ILA)?
Independent Legal Advice (ILA) is impartial legal advice provided by a qualified and independent solicitor who has no conflict of interest.
The solicitor acts solely in your best interest (the client), explaining the legal implications of a transaction and ensuring you fully understand the risks and responsibilities involved. This is often required for personal guarantees, mortgages, and other legal agreements.
- 1Book your meeting
- 2Get quality legal advice
- 3Sign your certificate of advice
Why do I need Independent Legal Advice (ILA)?
Independent Legal Advice (ILA) is often a mandatory requirement by lenders and other parties in transactions where one party is placed at risk without direct benefit.
This is to protect the vulnerable party and ensure they fully understand the legal implications of the agreement.
Lenders, for example, require an independent legal advice certificate from the solicitor to confirm that they have explained the details, they're satisfied that you understand the terms, and are not being pressured or coerced to agree to them by anyone else.
This certificate serves as proof that you received independent legal advice from a qualified independent legal advice solicitor.
What advice do you offer?
We can help with anything property-related, including:
Personal Guarantees for Directors
Reliable, straightforward advice for a sole director for £299 INC VAT, plus £180 INC VAT for additional directors in the same meeting.
Joint Borrower Sole Proprietor
Reliable, straightforward advice for a Borrower-non-Proprietor for £299 INC VAT, plus £180 INC VAT for additional Borrower-non-Proprietors in the same meeting.
Occupier Consent to Mortgage
Reliable, straightforward advice for the occupier consenting to a mortgag, for £181 INC VAT.
Transfers for zero consideration
Reliable, straightforward advice for one Transferor for £300 INC VAT, plus £150 INC VAT for additional Transferors in the same meeting.
Equity Release
Reliable, straightforward advice for a homeowner releasing equity for £1,399 INC VAT.
Loan Agreement
Reliable, straightforward advice for the borrower OR the lender £299 INC VAT.
Borrower and Proprietor
Reliable, straightforward advice for one non-beneficial borrower for £300 INC VAT, plus £180 INC VAT for additional non-beneficial borrowers in the same meeting.
Sole Mortgage Joint Proprietor
Reliable, straightforward advice for the non-borrower, for £299 INC VAT.
If you need advice which is not on this list, call or email for a quote on 0333 344 3234 (local call charges apply) / help@samconveyancing.co.uk, or Ask a Free Online Question.
How does our Independent Legal Advice work?
During a meeting with your independent legal advice solicitor, the risks and terms of your transaction will be thoroughly explained. We offer convenient online consultations via video call, making the process fast and accessible.
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Book your Independent Legal Advice consultation and submit documents
Schedule a convenient time for your online consultation. You'll securely send us the relevant documents related to your transaction (e.g., mortgage agreement, personal guarantee, etc.) for review before the meeting. This allows the solicitor to prepare and provide the most effective advice.
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2
ID verification and explanation of risks by the Independent Legal Advice solicitor
During the online meeting, your independent legal advice solicitor will verify your identity and thoroughly explain the risks and implications of the transaction.
They will ensure you understand the legal terms, your responsibilities, and the potential consequences. They'll answer all your questions and address any concerns you may have.
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3
Receive your Independent Legal Advice certificate
After the consultation, you will receive a formal Independent Legal Advice Certificate as proof that you have received independent legal advice. This document is often required by lenders and other parties involved in the transaction.
We adhere to strict data protection regulations to ensure the confidentiality of your information.
Need ILA quickly? We can often arrange same-day or next-day appointments. Contact us to discuss your urgent requirements.
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What happens after you instruct?
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What advice is covered in the meeting?
During your ILA meeting, your independent legal advice solicitor will discuss any responsibilities you are agreeing to and the risks involved. They will explain complex legal concepts in plain English, ensuring you fully understand the implications of the agreement.
Terms
- Your solicitor will explain the meaning of all the terms in the transaction or agreement, including any complex legal jargon. For example, if you're signing a mortgage agreement, they'll explain what "redemption penalty" or "variable interest rate" means and how it affects you.
Rights & responsibilities
- Your solicitor will detail your legal rights, obligations, and duties under the transaction or agreement. It's crucial to understand these fully, as failing to meet them may have serious consequences.
- For instance, if you're guaranteeing a loan, they'll explain your liability if the borrower defaults. If you're signing a separation agreement, they will outline your rights and responsibilities regarding finances, property, and children.
Legal implications
- Your solicitor will identify and explain the potential risks, liabilities, and legal challenges that may arise from the transaction or agreement.
- For example, they might discuss the risks of losing your home if you guarantee a loan or the potential financial implications of a business venture. They might discuss the risks of being sued. They will make sure that you are aware of all the worst-case scenarios.
Legal compliance
- Your solicitor will ensure that the proposed transaction or agreement is aligned with the law and applicable regulations and legal standards. They will check for any legal issues or red flags that you should be aware of.
Tax liabilities
- They will also explain the tax liabilities and financial implications of the transaction or agreement. For example, they will discuss any potential capital gains tax or stamp duty implications.
- They will discuss the financial risks and rewards of the agreement and what the long-term financial impact could be.
Alternative options
- If the terms of the agreement are not in your favour, your solicitor will identify other legal options available to you or points you can negotiate. They will help you understand the strength of your position and what points you can negotiate on.
Timescales and process
- Your solicitor will explain the steps involved in completing the transaction or executing the agreement and the typical timeframes for each stage. They will make sure you understand the process and what to expect at each stage.
Confidentiality and your questions
- Your solicitor will assure you of confidentiality and privacy regarding the details of your Independent Legal Advice (ILA) meeting, in accordance with legal and ethical obligations.
- They will also answer any questions or concerns you may have, ensuring you have a complete understanding of the situation. Don't hesitate to ask them anything – no question is too small or too complex.
When should you seek independent legal advice?
Independent Legal Advice (ILA) is crucial in situations where your legal rights and financial well-being may be at risk. Here are some of the most common transactions where ILA is required:
ILA is often required towards the end of a transaction, so you'll need quick access to expert legal advice. At SAM, we understand this urgency and offer next-day appointments via online video call for your convenience.
We specialise in providing Independent Legal Advice and have extensive experience in a wide range of transactions.
Our solicitors are experts in explaining complex legal matters in plain English, ensuring you fully understand your rights and responsibilities. Contact us today for a fast and convenient online consultation.
What do I get from Independent Legal Advice?
Independent Legal Advice (ILA) protects your rights, interests, and financial well-being in a transparent, legally compliant meeting.
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Make informed decisions
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Avoid conflicts of interest
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Meet legal compliance
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Protection from coercion or duress
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Establish accountability
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Court recognition
Independent legal advice is essential even in joint transactions where all parties seemingly want the same outcome. Each party has potentially conflicting interests that need an independent explanation to fully understand the individual impact.
The solicitor provides a Certificate of Independent Legal Advice as proof of the consultation, which is often required by lenders and other parties involved in the transaction.
ILA example - Transfer of Equity
John and Mary are separating and jointly own a property. They are transferring Mary's share to John, making him the sole owner.
Even though they agree on this, Mary needs independent legal advice. Her solicitor will explain that she will no longer have a legal claim to the property and will help her understand if the amount she receives for her share is fair.
ILA example - Joint Mortgage Sole Proprietor ('JMSP') Mortgage Condition
A JMSP mortgage allows up to four people to be on the mortgage, but only some are legal owners. Parents often use this to help their children buy a home.
The lender requires the borrowers who are not legal owners to get independent legal advice. This is because they are liable for the mortgage without the direct benefit of ownership. The solicitor will explain the implications of this arrangement and the potential risks.
How do I know my lender requires independent legal advice?
The lender will typically inform you in their mortgage offer or instructions to your solicitor. They will likely require proof that you have received independent legal advice.
The instruction might be similar to this: "The legal adviser must explain the content and effect of the first legal mortgage over the Property to CLIENT NAME and arrange for it to be executed. The legal adviser must also complete the attached standard letter confirming that legal advice has been given. The borrowers must pay any fees relating to this matter."
How do I prove I've had independent legal advice?
Your solicitor will provide you with a Certificate of Independent Legal Advice. This document confirms that you have received independent legal advice and understand the implications of the agreement you are signing.
It'll contain the following: "I confirm that I act for CLIENT NAME. I have explained the nature of the Legal Charge and the consequences of signing the first legal mortgage over the property in conjunction with the proposed mortgage application. CLIENT NAME wishes to proceed with this mortgage. I have explained that you require confirmation that I have given this advice so that CLIENT NAME may not dispute being legally bound by the mortgage, and I confirm that I have the authority of CLIENT NAME to give this confirmation".
Who are your Independent legal advice solicitors?
We have hand-selected some of the best solicitors to work within the market, who provide a service we are prepared to put our name to.
Once you agree, you become their client; you have one dedicated member of the SAM team who works closely with the solicitors from start until finish and can help arrange any further services you may require, such as a Deed of Trust or Land Registry services.
Our solicitors are Conveyancing Quality Scheme accredited, and regulated by the Council for Licensed Conveyancers and/or SRA. Our Independent Legal Advice services are rated excellent on Trustpilot.
We specialise in helping clients make the best decision and are acutely aware that every penny counts, so we offer competitively priced Independent Legal Advice with quality service.
