Loan Agreements & Lending Money to Family or Friends

Lending money to someone you know, whether a family member, friend or partner, often begins informally and with good intentions. Issues usually arise later when there is no clear agreement about repayment or whether the money was intended to be a loan or a gift.

We advise clients on how to properly document private lending arrangements so expectations are clear from the outset and enforceable if required. Our focus is on creating certainty and reducing the risk of dispute.

When you should seek advice

You should seek legal advice if you are

  • Lending money to a family member or friend

  • Assisting someone with a property purchase

  • Providing financial support to a partner

  • Relying on a verbal agreement only

  • Unsure whether money is a loan or a gift

  • Experiencing issues with repayment

Most disputes arise not because money was lent, but because the arrangement was never properly documented.

Loan agreements for private arrangements

We prepare loan agreements that reflect the specific circumstances of each arrangement rather than relying on generic templates.

This can include

  • Personal loans between individuals

  • Family loans and informal financial assistance

  • Property related contributions

  • Secured and unsecured lending arrangements

  • Agreed repayment terms and timeframes

  • Interest provisions where appropriate

The aim is to provide clarity for both parties and reduce the risk of future dispute.

Lending money to family or friends

Family and informal loans are often where misunderstandings occur because expectations are assumed rather than recorded.

We assist with

  • Formalising family loans in writing

  • Clarifying whether funds are a loan or a gift

  • Documenting contributions to property purchases

  • Protecting financial contributions if relationships break down

  • Resolving uncertainty before it becomes a dispute

Even in close relationships, clarity in writing helps prevent conflict later.

 

Reviewing existing loan arrangements

If money has already been lent or an informal arrangement exists, we can review the situation and provide advice on your position.

This includes

  • Reviewing any written or informal arrangements

  • Assessing enforceability

  • Identifying risks

  • Advising on formalising the arrangement

 

Securing a loan

Depending on the circumstances, it may be appropriate to put additional protections in place.

We can advise on

  • Securing loans against property or other assets

  • Structuring repayment obligations

  • Protecting repayment rights

  • Reducing risk in the event of dispute

 

Loans involving companies

We also advise on loans between individuals and companies including arrangements involving directors or shareholders where personal and business finances overlap.

These arrangements are often informal and benefit from proper documentation to avoid future uncertainty.

 

If repayment is not made

If a loan is not repaid, we can assist with practical steps to resolve the matter.

This includes

  • Letters of demand

  • Negotiation and settlement discussions

  • Advice on recovery options

  • Further legal action if required

We always aim to resolve matters efficiently before escalation.

 

Why documentation matters

Without a written agreement it can be difficult to establish

  • That the money was a loan

  • What the repayment terms were

  • Whether interest was agreed

  • Whether the funds were intended as a gift

Clear documentation reduces uncertainty and protects both parties.

 

Our approach

With a background in banking and finance as well as legal practice, we understand how private financial arrangements operate in practice.

We focus on ensuring agreements are

  • Clear and practical

  • Properly documented

  • Legally enforceable

  • Tailored to the circumstances

The goal is certainty and risk reduction, not unnecessary complexity.

 

Related services

This area often overlaps with

  • Asset Protection and Financial Agreements

  • Family Law and Property Settlements

  • Wills and Estate Planning

We provide integrated advice where financial arrangements form part of a broader personal or family structure.

 

Contact us

If you are considering lending money or need advice about an existing arrangement, contact Alpine Legal for clear and practical advice tailored to your situation.

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