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Gifted funds

Buying a home with the help of your parents

First time buyers are finding the only way to jump onto the property ladder is with the help of “the Bank of Mum and Dad." Parents help out their children to buy their first home by way of giving them the funds. This may be considered an early heritance with money that would be coming their way in due course and parents are happy to pass it on to their children who need it.

When funds for a house purchase are gifted or loaned, the buyer’s conveyancer will need to carry out additional checks alongside the usual conveyancing process.

The extra checks when house purchase funds are gifted or loaned include:

  • EVIDENCE: asking for evidence of identity and proof of address in respect of each giftor.
  • PROOF: Asking for proof of funds and evidence of the source of the funds.
  • IDENTITY: Carrying out electronic identity checks in respect of each giftor.
  • SEARCHES: Carrying out bankruptcy searches in respect of each giftor.
  • CONFIRMATION: Asking for confirmation of the amount of the gift.
  • GIFT or LOAN: Asking for confirmation that it is a gift, that no part of the gift is repayable, that each giftor will have no stake in the property, and that no giftor will live at the property. We can assist you with a gifted deposit letter
  • LEGAL ADVICE: Recommending that each giftor obtains independent legal advice. This is particularly important because:
    • Making a gift may have inheritance tax implications.
    • A gift may not be the best option from the funder’s point of view. It may be preferable for the funder to secure a stake in the property by means of a Trust Deed or mortgage, protected by an entry on the register of title. This will ensure that the property cannot be sold without the funder’s consent, unless the mortgage lender repossess it. 
  • COMMUNICATION: Referring the matter to any mortgage lender who is involved with the property purchase.

It’s a legal requirement to prove where the funds come from when you buy a property. Conveyancers have a duty to guard against mortgage fraud and money laundering and must take steps to ensure that all funds used to purchase a property have been acquired in a legal way. If all the boxes are ticked and the conveyancers have no suspicions, lenders are normally happy to lend where gifted deposits are provided, but may be more reluctant where the funder wishes to claim a stake in the property.

You can find out more about Mortgage Gifted Deposits here 

A ‘giftor’ is the legal term given to the person giving the financial gift. Have a look at our legal glossary of conveyancing terms for further explanations of the terms used in the conveyancing process.

To discuss buying a property with the help of gifted or loaned funds please contact our experienced conveyancing team on 0113 320 5000 or email conveyancing@winstonsolicitors.co.uk

Client feedback

Absolutely fantastic, kept us informed every step of the way when purchasing our home
Marie
We are so grateful to Sidraa for all her support during our recent property purchase. She kept us informed and up to date every step of the way, always responding promptly and sharing information clearly and in a timely manner.Sidraa worked incredibly hard behind the scenes, handling so much of the legal side with care and efficiency — often without us even realising just how much she was doing. Her dedication and thoroughness made the whole process feel smooth and stress-free, which we deeply appreciate.Thanks to her professionalism and attention to detail, what is usually a complex and sometimes overwhelming process felt straightforward and well-managed. We couldn’t have asked for a better solicitor and wouldn’t hesitate to recommend Sidraa to anyone buying a property.
Sahid
I would highly recommend Winston Solicitors to anyone in need of reliable legal support. Sidraa was outstanding throughout our entire process—reliable, diligent, informative, and genuinely kind. She kept us consistently updated, always took the time to explain things clearly, and was readily available to speak with us directly whenever we had questions. Her professionalism and personal touch made a potentially stressful process feel smooth and manageable.
Jacob C
Great service by Winston Solicitors - was communicated at every step - would recommend both Tom and Sidraa for their professionalism
Anonymous
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Anna L
A very good conveyancing service. Clear and direct communication throughout the process. I would recommend Winston's solicitors if you intend to buy or sell a property.
Mr G
Very best service as First time buyer they explained and Sort out everything clearly for me.
Nosheen
Samantha was great. Very efficient. Always able to help. Very straightforward transaction. I would recommend.
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