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Victorian legal guide

What is a solicitor’s certificate and do I need one?

General information for people in Victoria · ORLA Connect

A solicitor's certificate is a document confirming you've received independent legal advice before signing something — most often a guarantee, mortgage or loan for someone else (like a family member or a company). Banks often require one so the agreement can't later be challenged. Here's how it works.

When a bank requires one

Lenders commonly ask guarantors and some borrowers to get independent legal advice and provide a certificate. It shows you understood the risks — including that you could lose your home if the borrower defaults — before you signed.

What the solicitor does

A solicitor (not connected to the borrower or lender) explains the documents, the risks and your obligations, checks you're acting freely, and then signs the certificate. It protects both you and the lender.

Why it matters to you

Guaranteeing a loan is a serious commitment. Getting genuine, independent advice first means you go in with your eyes open — and it's often the only chance to ask questions before you're bound.

Get help the easy way

Post your matter once on ORLA Connect and get matched with Victorian firms who provide solicitor's certificates and explain their fees — privately, before you sign. Free and no obligation.

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Why does the bank want a solicitor’s certificate?
It confirms you received independent legal advice and understood the risks before signing a guarantee or mortgage, so the agreement can’t easily be challenged later.
Can the borrower’s lawyer give me the advice?
No — it must be independent. The solicitor advising you and signing the certificate can’t be acting for the borrower or the lender.

This article is general information only and is not legal advice. For advice about your situation, post your matter and a matched Victorian law firm can help.