Why a gift would need legal advice at all
The lender's concern is priority. If the "gift" were actually a loan, or the donor expected a stake in the property, the donor could later claim an interest ranking against the lender's charge, exactly the kind of hidden interest that complicates repossession. The conveyancer's concern is similar, plus insolvency: a large gift from someone who later goes bankrupt can be clawed back by a trustee in bankruptcy, unsettling the buyer's title.
ILA addresses both. An independent solicitor confirms the donor understands the money is an outright gift with no repayment, no interest in the property and no strings, that the donor is solvent and acting freely, and that they understand the money is likely irrecoverable.
When lenders require it
There is no universal rule. ILA for a gifted deposit is more commonly required when the gift is large relative to the purchase price, when the donor is elderly or vulnerable, when the gift comes from someone other than a parent (a sibling, uncle or family friend attracts more scrutiny), when the donor lives abroad, or when the property is being bought through a limited company. Some conveyancers require it as standard practice for any substantial gift.
The requirement lands on the donor, not the buyer, and the buyer's conveyancer cannot give the advice because they act for the buyer, whose interest (receiving the money) is not the donor's. The donor needs their own independent solicitor.
The appointment, cost and timing
It is one of the shortest ILA appointments: the solicitor reviews the gift letter and confirms the donor understands its effect, checks for pressure, asks about solvency, and signs the certificate. Fifteen to thirty minutes by video call is normal.
Fixed fees typically run from about £100 to £250 depending on turnaround. If two donors are gifting jointly (a couple, for example), some firms advise both in one session for a combined fee; lenders occasionally require separate advice, so check. Same-day certificates are widely available, so a late ILA demand from a lender rarely needs to move a completion date.
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Compare solicitorsFrequently asked questions
Does every gifted deposit need independent legal advice?
No. Most lenders only require a signed gift letter and proof of funds. ILA tends to be required for larger gifts, donors who are elderly, overseas or outside the immediate family, or purchases through a limited company. The lender's requirements list or the conveyancer will tell you if a certificate is needed.
Who arranges and pays for gifted deposit ILA, the donor or the buyer?
The advice is for the donor, so the donor must attend the appointment, but families handle the fee however they like and it is often the buyer who pays in practice. What matters to the lender is the certificate, not who paid for it.
What does the solicitor actually confirm in the certificate?
That the donor understands the money is an outright gift with no right to repayment and no interest in the property, that the donor is acting freely and is solvent, and that the consequences have been explained by a solicitor independent of the purchase.
How much does gifted deposit ILA cost and how fast can it be done?
Typically £100 to £250 as a fixed fee. The appointment takes under half an hour by video call and the certificate is usually signed the same day, so it can be turned around within 24 hours when a completion is close.
This guide is general information about how independent legal advice works in England and Wales, not legal advice on your situation. Lender requirements vary; always check your offer conditions. For advice you can rely on, speak to an SRA-regulated solicitor.