What is Independent Legal Advice (ILA)? A Plain-English Guide

If a lender, solicitor or broker has told you that you need Independent Legal Advice (often shortened to ILA) before you can sign a document, you are not alone — and it is usually far simpler than it sounds. This guide explains what ILA is, why it is required, what actually happens in the appointment, and what the certificate at the end does.

What is Independent Legal Advice?

Independent Legal Advice is a short, one-to-one meeting with a legal adviser who is acting only for you — not for the lender, not for the other party to the transaction, and not for anyone else with an interest in the outcome. The adviser explains the document you are being asked to sign, in plain English: what you are committing to, what could happen if things go wrong, and what you are risking. Once satisfied that you understand and are signing freely, the adviser signs a certificate confirming the advice was given.

The point of ILA is not to talk you out of signing. It is to make sure that, if you do sign, you do so with your eyes open — free from pressure and with a clear picture of the risk.

Why do lenders require ILA?

The requirement comes from a well-established principle of English law. Where one person takes on a serious financial risk mainly for someone else's benefit — for example, a spouse guaranteeing a partner's business loan, or a parent's home being used as security for a child's mortgage — there is a risk the agreement could later be challenged on the grounds of undue influence or misunderstanding. The leading case, *Royal Bank of Scotland v Etridge (No 2)* [2001], set out steps lenders are expected to take in these situations, and at the heart of them is confirmation that the person signing has received independent legal advice.

So when a bank insists on ILA, it is protecting two people at once: you, by making sure you understand the commitment before it becomes binding, and itself, by ensuring the document cannot easily be set aside later. That is why the lender will not usually release funds or complete the transaction until it has the signed certificate.

What does "independent" actually mean?

Independence is the whole job. The adviser must have no stake in the transaction and must not be acting for anyone else involved in it. In practice this means the solicitor handling the wider deal — the conveyancer, the lender's solicitor, or the adviser acting for your partner or your company — generally cannot give you the ILA, because they have a conflict of interest. You need someone separate, whose only duty in the appointment is to you. That is exactly the role an ILA provider fills.

When might you need ILA?

Common situations include:

• Acting as a personal guarantor for a business loan or commercial lease
• A joint borrower, sole proprietor (JBSP) mortgage, where you are on the loan but not the deeds
• An occupier consent form (also called a deed of consent or postponement), where you live in a property being mortgaged but are not on the mortgage
• A transfer of equity or declaration of trust affecting your share of a property
• Bridging or secured loans where the lender requires independent advice before completion
• A directors' or shareholders' guarantee supporting company borrowing

You can see the documents we regularly advise on at our services page — and if your document is not listed, we cover less common requirements too via our other documents service. If you are unsure whether your paperwork needs ILA, the letter from your lender or solicitor will normally say so explicitly.

What happens in the appointment?

Before

You book a time that suits you, verify your ID online (no printing or posting), and send us a copy of the document you are signing. Appointments are by secure video call, Monday to Friday, 9am to 7pm, from anywhere in the UK.

During

The call itself usually takes around 20 to 30 minutes. The adviser confirms your identity, walks through the document with you, explains the obligations and risks in plain English, checks you are signing voluntarily, and answers your questions. There is no test to pass — it is a conversation, not an interrogation.

After

Once the advice has been given, we complete the certificate and email it to you the same working day. You then pass it to your solicitor, broker or lender, and the transaction can move forward.

What is the ILA certificate?

The certificate is a signed confirmation from the adviser that you received independent legal advice about the document, that the nature and effect of it were explained to you, and that you appeared to understand and sign of your own free will. Our certificates are prepared to satisfy standard lender requirements and are relied on by borrowers completing with major UK lenders. If your lender has its own prescribed form of certificate, we complete that instead — just email it to info@ilahub.com.

How much does ILA cost, and how fast can it be done?

Our fees are fixed and per person: £150 Standard (appointment within 2–3 working days), £250 Fast Track (from the next working day) or £350 Priority Same-Day (the earliest available appointment, including same day). Whichever tier you choose, the certificate is emailed the same working day as your appointment — the higher fees simply buy an earlier appointment. These fees apply to matters up to £2,000,000; larger matters can be arranged individually. You can read more about the process on our how it works page.

Ready to get your certificate sorted? Choose a time that suits you and book your appointment — it takes about two minutes, and everything happens by secure video call with nothing to print or post.