Independent Legal Advice (ILA) is one of the most important safeguards a person can seek before signing a legal document. Whether you are buying or selling property, entering into a commercial lease, drafting a will, or signing a family law agreement, obtaining ILA ensures you understand your rights and obligations—and helps you avoid costly legal disputes down the road.

In this article, we explain what ILA is, when it’s necessary, and why it’s essential in areas like real estate, wills and estates, corporate law, tenancy law, and debt settlements.

What Is Independent Legal Advice?

Independent Legal Advice means getting legal advice from a lawyer who is not representing the other party in the agreement. The lawyer acts solely in your interest, reviews the legal document with you, explains its meaning, and confirms that:

• You understand the nature and consequences of the agreement,
• You are signing voluntarily and without pressure,
• You are not under duress or undue influence, and
• You are fully informed of your legal rights and risks.

After reviewing the document, your lawyer may provide a Certificate of Independent Legal Advice, which confirms that you received legal counsel before signing.

Why Is Independent Legal Advice Important?

Getting ILA is more than a formality—it’s legal protection. Here are the main reasons why you should always seek ILA before signing a contract or legal document:

1. You May Be Giving Up Important Legal Rights

Legal agreements can involve complex clauses that waive rights, create obligations, or transfer property. Without legal advice, you may unknowingly give up rights to support, assets, or legal remedies. ILA ensures you fully understand the implications.

2. It Helps Prevent Legal Disputes

Many contract disputes arise because one party misunderstood the agreement. A lawyer providing ILA can clarify confusing terms and recommend revisions, helping you avoid future litigation.

3. It Protects You from Undue Influence or Pressure

This is especially important in family law, real estate transfers between relatives, and settlement agreements, where emotional or financial pressure may be involved. Courts often give more weight to agreements signed with proper ILA.

4. Some Institutions Require It

Banks, notaries, and courts may require proof of ILA—especially for real estate transactions, guarantees, and releases. Without it, your transaction may be delayed or challenged.

When Should You Get Independent Legal Advice?

ILA is essential in many legal situations, particularly in the following practice areas:

🏠 Real Estate Transactions

• Transferring property to a spouse or child
• Co-signing or guaranteeing a mortgage
• Private real estate sales or purchases
• Joint tenancy agreements and co-ownership contracts

📜 Wills and Estates

• Making or amending a will
• Giving away significant assets before death
• Establishing a family trust
• Disclaiming or renouncing inheritance rights

🏢 Corporate and Commercial Law

• Signing or updating shareholder agreements
• Buying or selling a business
• Entering into a commercial partnership
• Personal guarantees for business loans

🧱 Commercial Tenancy

• Commercial lease agreements
• Assignments or early lease terminations
• Lease disputes and settlements

🏘️ Residential Tenancy & RTB Matters

• Signing mutual agreement to end tenancy
• Signing a release or waiver of tenancy claims

💰 Debt Recovery & Settlement Agreements

• Signing a debt settlement agreement
• Accepting or offering a release from legal claims
• Negotiating payment terms with creditors

❤️ Family Law

• Signing a separation or cohabitation agreement
• Waiving spousal support
• Parenting agreements and child relocation consent

If you are presented with a contract in any of these areas, book an appointment with a lawyer for ILA before you sign.

How Long Does ILA Take?

For most straightforward legal agreements, ILA can be completed in a single appointment (virtual or in-person). In more complex matters, your lawyer may require more time to render their ILA. This is because your lawyer will need time to review the document, ask relevant background questions, and provide advice based on your personal situation. While it may take some time, the protection it offers can last a lifetime.

Book a Consultation with Shona Thomas for Independent Legal Advice

Our lawyer, Shona Thomas, is able to provide Independent Legal Advice in a variety of matters. She aims to make the ILA process simple, transparent, and tailored to your needs. Shona’s goal is to ensure you fully understand your legal rights and make decisions with confidence.

Book your Independent Legal Advice Consultation today by:

📞 Phone: +1 (604) 767-9529
📧 Email: [email protected] / [email protected]