Loans Between Family & Friends - A Guide for Private Client Lawyers

Introduction

So-called ‘private’ lending, particularly between family and friends, is frequently the cause of litigation. When monies become due and owing, challenges to the enforceability of the loan agreement are commonplace. In such cases, accusations can become personal, and it can be very difficult to know where the truth lies.

The best answer to avoiding such claims is to undertake proper analysis at the outset of the relationship. In doing so, the parties and their advisors can understand the legal and regulatory footing on which the loan is being advanced, the terms of the repayments and the consequences of default. Doing so ensures that the fine line between a ‘private’ versus a ‘regulated’ loan is respected and disputes are thereby avoided.

This webinar aims to give confidence to those assisting in the preparation of such loan arrangements.

The webinar is suitable for private client solicitors and other advisers engaged in setting up and administering loans between private individuals, particularly, as between acquaintances, friends and family both in a personal capacity and via trust structures.

It will also be of interest to those who may be involved in litigation about the enforceability of such loans and/or potential negligence by advisers.

What You Will Learn

This webinar will cover the following:

• How to assess and advise upon the line between ‘private’ versus ‘regulated’ lending
• How to mitigate the risk of a loan being found to be ‘regulated’ and therefore unenforceable
• The consequences of inadvertently entering into ‘regulated’ lending
• Common arguments raised in private lending disputes and how to effectively respond to them

This pre-recorded webinar will be available to view from Monday 30th March 2026

Alternatively, you can gain access to this webinar and 1,900+ others via the MBL Webinar Subscription. Please email webinarsubscription@mblseminars.com for more details.