Advice for Borrowers and Guarantors
Loan Document & Guarantor insights from Hedwig Legal by Jack Meredith.
When you are borrowing money, or guaranteeing someone else’s loan, it’s important that you fully understand the risks and obligations for which you are signing up. At Hedwig Legal, we provide practical legal advice to help individuals, business owners, and SMSF trustees make informed decisions before entering into legally binding financial arrangements.
📄 Loan Agreement Advice
Even if a lender doesn’t require a formal written agreement, we strongly recommend having one. A properly drafted loan agreement is the best way to reduce the risk of disputes later on.
Drafting or reviewing loan agreements for both borrowers and lenders
Clarifying repayment terms, interest rates, default provisions, and securities
Negotiating amendments to protect your interests and meet your needs
🏠 Mortgage Advice
Mortgages carry serious legal and financial risk — especially the risk of losing your property if you default.
We help you understand your obligations under the mortgage agreement
We issue Solicitor’s Certificates where required by lenders
Advice is tailored to personal property mortgages and commercial lending arrangements
✍️ Guarantees & Indemnities
Guaranteeing someone else’s loan means taking on responsibility for their debt. If they default, you may be held liable — even without control over their actions.
Detailed explanation of your risks as a guarantor
Guidance on whether the arrangement aligns with your financial position
We issue Solicitor’s Certificates confirming you’ve received independent legal advice
🧾 SMSF Loans & Guarantees
Loans made through a Self-Managed Super Fund (SMSF) involve more complex structures and compliance requirements.
We explain the legal and financial obligations of trustees, directors, and guarantors
Clarify the distinction between personal liability and SMSF liability
Work alongside your financial planner for integrated advice
Provide legal advice certificates if required by lenders