If your bank or lender requires a Solicitor's Certificate (also called a Certificate of Independent Legal Advice) before you can sign a guarantee, loan, mortgage or other security document, we can help.
Our job is not simply to sign the certificate. It is to make sure you understand exactly what you are agreeing to, what it could cost you, and what happens if the borrower cannot pay - so that you can make an informed decision about whether to go ahead.
What is a solicitor's certificate?
A solicitor's certificate is a signed statement from an independent solicitor confirming that you were given legal advice about a guarantee or security document, that the advice was given without the borrower present, and that you appeared to understand the effect of what you were signing.
Lenders ask for one because a guarantee can be difficult to enforce against someone who did not properly understand it. Courts have set aside guarantees where a family member or director signed without independent advice and received no benefit from the loan. The certificate is the lender's protection.
The letter of advice you receive from us is your protection. It sets out, in writing, what the documents actually say and what your exposure is.
When will you be asked for one?
You will usually be asked for a solicitor's certificate if you are:
- A parent guaranteeing a child's home loan, often by offering equity in your own home as additional security.
- A spouse or partner guaranteeing a loan taken out in the other person's name, or in the name of their business.
- A director guaranteeing a company loan, overdraft, equipment finance or business facility.
- Providing a third-party mortgage, e.g. giving your property as security for someone else's borrowing
- Guaranteeing on an SMSF limited recourse borrowing arrangement
- Guaranteeing a family trust or related-entity loan.
How to obtain a solicitor certificate?
Send us the full lender document pack
Call or email us first. We will then ask you to send the complete set of loan, guarantee and security documents provided by the lender, along with any certificate form the lender has supplied.
We issue certificates in the Law Institute of Victoria standard form. We do not sign lender-drafted certificates that are not in this form.
We confirm our quote and send you a costs agreement
Once we have reviewed the type of loan, the volume of paperwork and the securities involved, we send you a fixed-fee costs agreement with an intake form. We ask for payment in advance, held in our trust account, before work begins.
We review the documents and prepare your letter of advice
We will then read the loan and security documents in full and prepare a written letter of advice covering the parties, the amount and terms of the facility, the nature and extent of your liability, the security being given, what happens on default, and anything unusual we have identified.
We need at least 72 hours with the documents before your appointment. We then book your meeting.
In-person meeting to verify your identity, give advice and confirm your understanding
We meet with you in person, and without the borrower present. This is a requirement of the certificate and of identity verification - it cannot be done by video call under Victorian law.
At the meeting we verify your identity, take you through the letter of advice, explain the risks and obligations, answer your questions, and satisfy ourselves that you understand what you are signing. Most appointments take 40 to 60 minutes, depending on the size of the document pack.
If you would prefer to think about it afterwards rather than sign on the day, that is entirely your decision, and we will not push you either way.
We issue the certificate and witness the documents
Once we are satisfied you understand the risks and obligations, we sign and provide the solicitor's certificate for you to send to your lender. Where the lender requires it, we also witness your signature on the guarantee and security documents.
What to bring to your appointment?
- Photo identification: Passport, Australian driver licence, or birth certificate plus Medicare card.
- Any documents the lender sent directly to you that you have not already forwarded.
- Your questions, written down — there is no such thing as a silly one in this meeting.
- Please come alone. If the borrower attends with you, we cannot proceed, because the advice would no longer be independent.
Our fees
We quote a fixed fee once we have seen the document pack, so you know the cost before you commit. The fee depends on the type of facility, the number of documents, and how many securities and properties are involved.
Typical fee range is around $1,600 plus GST, depending on the complexity and volume of documents and whether it is a major bank guarantee, SMSF arrangement, or third tier lender.
The fee covers the document review, your written letter of advice, the appointment, the certificate, and witnessing your signature. There are no hourly charges and no surprises.
A Victorian Solicitor Certificate
FAQ: Certificate of Independent Legal Advice
Below are some frequently asked questions about certificates of independent legal advice.
How quickly can you do it?
We need at least 72 hours with the documents before the appointment so that the advice is properly prepared. If you need it faster than this, we can accomdenate with a rush fee if we have capacity.
Can I do this over video call or on the phone?
No. Victorian law states the advice must be given face to face, and your identity must be verified in person.
Can my son / daughter / husband / wife come with me?
No. The whole purpose of independent advice is that it is given without the borrower present, so that you can ask any question and raise any concern freely. They are welcome to wait outside.
Can you act for both me and the borrower?
No. If we act for the borrower, we cannot give you independent advice, and vice versa. If you have been referred to us by the borrower's solicitor, that is fine — we are a separate firm acting only for you.
Do you give financial advice as well?
No. We advise on the legal effect of the documents. Whether the guarantee is a good idea in your financial circumstances is a question for your accountant or financial adviser, and we recommend speaking to one before your appointment if you have any doubt.
My lender sent its own certificate form. Can you sign that?
The law states only the Law Institute of Victoria standard form can be signed by solicitors. Lender forms often ask the solicitor to certify things a solicitor is not in a position to certify. Most lenders accept the LIV form. If yours will not, tell us early and we will raise it with them.
What if I decide not to go ahead?
Then you do not sign. That is a legitimate outcome and one we see regularly. Our fee covers the advice, not a particular result, and it is not conditional on you proceeding.
I'm a company director guaranteeing my own company's loan. Do I still need this?
Often yes. Many lenders require it regardless. Your position is different from that of a family member who receives no benefit from the borrowing, and we will advise you accordingly.