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Certificates of Independent Advice

Certificates of Independent Advice

If a bank or lender has asked you to get a "guarantee certificate" relating to a new loan, you're in the right place.

Some financial institutions require borrowers or guarantors to obtain independent legal advice as a condition of their loans. These are commonly required where:

  • parents are guaranteeing their child’s home loan;
  • a person is guaranteeing a loan for the purchase of a property through their Self-Managed Superannuation Fund (SMSF);
  • a person is guaranteeing a loan to a family trust;
  • a borrower is contributing less than 20% of the property value; or
  • a person is guaranteeing the debt of their spouse or other family member.

We’ll guide you through your loan and security documents, making sure you understand everything clearly and feel confident about your decisions.​

our services

How we can help you

Clear advice on your loan and security paperwork

Certificates of Independent Advice

$990 inc GST

We will:

  • review the documents the lender has sent to you (you must give us all of these documents, including the brochures, at least 2 business days before the conference);
  • meet with you in person at our office and advise you in relation to the documents; and
  • provided everything is in order, sign the certificate.

In most cases, we are only able to advise one borrower or one guarantor in relation to a transaction.

Please note:

  • This service is not available by telephone or video conference.
  • This service is not available for advice on complex commercial loans, for people who require an interpreter, or for transactions which involve borrowings over $2 million.
  • Our fixed fee for this service is for one borrower or guarantor for a straightforward loan or guarantee. Additional charges will apply for more complex documents or transactions or if we are acting for multiple parties (where we consider it appropriate to do so). Upon receiving the documents, we will confirm that our fixed fee applies, or inform you of any additional charges.
  • If you require an urgent appointment (and if we can accommodate it), a surcharge may apply.

FAQs

This service is not about witnessing your signature. We are required to review the loan documents, give you advice and satisfy ourselves that you understand the nature and implications of the transaction. The lender requires us to certify to them that we have done this.
Many people have a general understanding of what it means to be a guarantor. Nevertheless, in the last few decades, guarantors and borrowers alike have challenged the enforceability of loan documents claiming they didn’t understand them when they signed.In response, many lenders require borrowers and guarantors to obtain independent legal advice as a condition of advancing monies.
Generally, one hour.
You must give us all the documents that the lender has given you – not just the certificate we are being asked to sign. These will usually include the loan, terms and conditions, a mortgage, a guarantee and various disclosure documents.We must receive these documents at least 2 days before the appointment. They can be delivered, posted or emailed to us.
Please read the documents and make a list of any questions you have.If you arrive at the appointment without having read the documents, we will not be able to proceed.
No. If you decide that you are not prepared to sign the loan documents, you aren’t obliged to sign them. The borrower can find another way to secure funding.
Lawyers are required to avoid acting for parties who have (or potentially have) conflicting interests.Where two or more people are borrowing or guaranteeing a loan, their personal interests and financial positions may well result in the potential for a difference in their interests and the advice that should be given.As a result, we usually only act for one person in any given transaction.
Unfortunately we can only offer this service in person at our office and not by telephone or video conference as we are required to meet with you in person to verify your identity and ensure we provide you with advice free from external influence.

Meet our team

We’re a team of lawyers, legal executives, accountants, and software developers — with a few extra strings to our bow. You’ll also find us leading community projects, playing sports, hosting podcasts, making music, and raising families. We’re proud to bring all of who we are into the work we do.

Legal Practitioner Director
Michael is an experienced succession and property lawyer and has served the Western Australian community as a legal practitioner for over 27 years at Curae Law.  Michael has represented clients, both in and out of court, in matters spanning……
Legal Practitioner Director
Nigel leads the firm’s litigation and dispute resolution team and has experience in a wide variety of litigation matters including deceased estate litigation, family provision claims, contractual and construction disputes, trust and property matters. Nigel has an instinctive ability……
Legal Practitioner Director
Lucy leads our non-contentious Wills and estates team, delivering clear, compassionate, and practical advice on succession planning and estate administration. Her approach combines legal expertise with a passion for innovation, making complex processes simple and accessible for our clients…….
Lawyer
Sean is a dedicated lawyer within the wills and probate team, specialising in guiding individuals through the intricacies of legal matters such as wills, powers of attorney, and powers of guardianship. In the realm of estate planning, Sean offers……
Lawyer
Sophia was admitted as a lawyer in December 2024. She works in our litigation team, assisting with client matters, drafting court documents and conducting legal research to support the firm’s cases. Sophia’s approach to legal work is collaborative, attentive,……
Testimonials

What our clients say

Thank you for your efforts in bringing this to a successful conclusion. Much appreciated.
Mr P – Deceased Estate Dispute
February 9, 2026
Thank you so much your hard work and support. Your expertise and thorough organisational skills were no doubt responsible for achieving the best possible outcome. It is sincerely appreciated.
Ms A – Deceased Estate Dispute
January 29, 2026
Thankyou so much for your brilliant work in securing what is just and fair for everyone.
Ms J - Disputed Estate Client
January 22, 2026
Good morning Chris and Lucy. I would like to take this opportunity to thank you for all the work you have put in in helping me with finalising my late mother’s estate.  Your understanding and professionalism has been of great assistance during this difficult time. I will have absolutely no hesitation in recommending your services to friends and colleagues.
Ms M. - Perth Probate Centre Client
January 14, 2026
I would like to thank you and your staff for the very professional services that you have provided.   I will be in touch in the future if I need further assistance.
Perth Probate Centre Client
January 7, 2026
We have just recently engaged Laura Gaunt on the purchase of a property. Laura has made the entire process from the writing of a sale contact through to settlement so easy. Thanks Laura and the team at Flat Rate Settlements + Curae Law
Alexander Krynen
December 22, 2025