Bank of Mum and Dad Contract: 2026 Guide

By The Chipkie Team, Personal Finance Editorial Team  ·  Last updated 24 June 2026

If your parents are helping you buy a home — or you’re the parent writing the cheque — putting a proper contract in place for the bank of mum and dad has never been more important. According to MoneyHelper, family lending now accounts for a significant share of first-time buyer deposits, yet most of these arrangements have no written agreement at all. That’s a recipe for heartbreak, tax problems, and legal disputes that can tear families apart.

In 2025, with average UK house prices sitting above £280,000 and mortgage lenders scrutinising deposit sources more closely than ever, a handshake simply isn’t enough. This guide walks you through exactly what a bank of mum and dad contract should contain, why it matters legally and financially, and how to get one in place without the awkwardness.

Key Takeaways

• A written family loan agreement protects both parents and children from disputes, tax liabilities, and problems with mortgage lenders — yet research suggests the majority of family financial arrangements have no documentation whatsoever.
• Without a contract, HMRC may treat a parental loan as a gift, triggering potential Inheritance Tax consequences if the parent dies within seven years.
• Mortgage lenders require a “gifted deposit” letter or evidence of a loan — getting the paperwork wrong can delay or derail your mortgage application entirely.
• A properly drafted agreement should be executed as a deed, giving a 12-year limitation period for enforcement rather than the standard 6 years for simple contracts.
• Recording repayment terms, interest (even at 0%), and what happens if the property is sold protects everyone and keeps the arrangement legally enforceable.

Why do so many family loans have no written agreement?

Most families skip documentation because it feels uncomfortable — asking your own parents to sign a contract can seem distrustful. Yet a parental loan with no agreement is one of the most common sources of family financial disputes in England and Wales. According to research cited by the Financial Conduct Authority, informal borrowing between family members runs into billions of pounds annually, with family loan documentation statistics consistently showing that fewer than one in three arrangements are properly recorded.

The consequences of informality are serious:

• Tax confusion: HMRC cannot distinguish a loan from a gift without evidence. If your parent dies within seven years of transferring funds, the entire amount may fall within their estate for Inheritance Tax purposes — potentially at 40%.
• Mortgage complications: Lenders need to know whether the deposit is a gift or a loan. A loan creates an additional financial commitment that affects affordability calculations; a gift doesn’t. Getting this wrong can cause a mortgage offer to be withdrawn.
• Relationship breakdown: If the child’s relationship ends, an ex-partner may claim the parental contribution was a gift to the couple — without written terms, it’s extraordinarily difficult to prove otherwise.
• Sibling resentment: Other children may feel the arrangement was unfair, especially if inheritance expectations are affected.

What should a bank of mum and dad contract actually include?

A properly drafted contract between parent and child for property-related lending should be comprehensive, clear, and executed as a deed to benefit from the 12-year limitation period under the Limitation Act 1980 — double the 6-year window for standard contracts. Here are the essential clauses.

1. Parties and date: Full legal names and addresses of lender (parent) and borrower (child), plus the date of execution.
2. Loan amount: The exact sum being advanced, and whether it will be paid in a single lump sum or in instalments.
3. Purpose: State explicitly that the funds are for a property deposit (or other specified purpose). This helps if the arrangement is ever scrutinised by HMRC or a mortgage lender.
4. Interest rate: Even if the loan is interest-free, state this clearly. If you do charge interest, note that rates above HMRC’s official rate (currently 2.25% for 2025/26) may create additional tax obligations for the lender.
5. Repayment schedule: Monthly amounts, start date, and end date. Include what happens if a payment is missed.
6. Early repayment: Confirm whether the borrower can repay early without penalty.
7. Security: Will the loan be secured against the property (via a second charge), or is it unsecured? Most mortgage lenders won’t permit a second charge, so this needs careful consideration.
8. Sale of property: What happens to the outstanding balance if the property is sold? Is the loan repaid from proceeds before or after the mortgage?
9. Death or incapacity: What happens if either party dies? Does the loan form part of the parent’s estate? Is it forgiven?
10. Relationship breakdown: If the child separates from a partner, confirm that the loan remains the child’s personal obligation.

We consistently see families who assumed these details were “obvious” — until they weren’t. A written agreement eliminates ambiguity before it becomes conflict.

How does a family loan affect your mortgage application?

Mortgage lenders treat parental contributions differently depending on whether they’re classified as a gift or a loan, and getting this distinction wrong is one of the most common errors we see. A gift requires a signed “gifted deposit letter” confirming the parent has no expectation of repayment. A loan, by contrast, must be declared as a financial commitment — and the repayments will be factored into the lender’s affordability assessment.

Here’s how the two approaches compare:

According to Legal & General’s research, the bank of mum and dad would rank as a top-ten UK mortgage lender by value if it were an actual institution — estimated to have funded over £9 billion in property purchases in recent years. Despite this scale, the lack of proper contracts remains staggering.

If you’re structuring the contribution as a loan, ensure your mortgage broker knows from day one. Some lenders won’t accept applications where a deposit loan exists; others will accommodate it if documented properly. Springing this on a lender mid-application is a guaranteed way to derail the process.

What are the tax implications parents need to understand?

Tax is where family lending gets genuinely complicated, and it’s the area where proper documentation pays for itself many times over. The key issues are Inheritance Tax, Income Tax on interest, and Capital Gains Tax.

• Inheritance Tax (IHT): A genuine loan (with a written contract and actual repayments being made) is not a transfer of value for IHT purposes — the parent retains a debt asset in their estate. A gift, however, becomes a potentially exempt transfer: if the parent dies within seven years, it’s added back to their estate. With the IHT nil-rate band frozen at £325,000 until at least April 2028, this can push families over the threshold.
• Income Tax: If a parent charges interest on the loan, that interest income must be declared on their Self Assessment tax return. Interest-free loans between family members don’t normally trigger an Income Tax charge, but the arrangement must be genuine.
• Capital Gains Tax: If the child doesn’t live in the property as their main residence (for example, a buy-to-let purchased with parental help), CGT will apply on disposal. Principal private residence relief is only available proportionally if the property was the child’s home for part of the ownership period.

For a deeper look at the tax rules parents should know, our comprehensive UK guide to lending, tax rules, and legal pitfalls covers these issues in detail.

Can HMRC reclassify a loan as a gift?

Yes. If there’s no written agreement, no repayment schedule, and no evidence of repayments actually being made, HMRC can — and does — treat the arrangement as a gift rather than a loan. This reclassification can trigger IHT liability and may also affect the parent’s position if they later need local authority-funded care, as it could be viewed as deliberate deprivation of assets.

The best protection is a clear bank of mum and dad contract with a documented repayment trail — even if payments are modest, they demonstrate the arrangement is genuine.

What happens if the child’s relationship breaks down?

If your child separates from a spouse or cohabiting partner, the parental loan can become a battleground. In divorce proceedings, courts will examine whether the money was a loan or a gift to the couple. A formal contract naming only the child as borrower is strong evidence that it was always a personal obligation — not a joint one. Without documentation, courts may conclude it was a gift, meaning half the value could effectively transfer to the ex-partner.

This is one reason we always recommend families set up a formal loan agreement early, before anyone’s relationship status changes.

Should the loan be secured against the property?

In theory, securing a parental loan against the property via a second charge gives the parent stronger legal protection if repayments stop. In practice, most mainstream mortgage lenders prohibit second charges on the property until the primary mortgage is repaid. An unsecured loan documented as a deed, with clear repayment terms, is usually the most practical approach for family arrangements.

Do I need a solicitor to create a family loan agreement?

You don’t strictly need a solicitor, but the agreement should be properly drafted and executed as a deed — which means it must be signed, witnessed, and delivered. A solicitor can help with complex situations such as securing the loan against property or dealing with multiple siblings. For straightforward arrangements, a well-structured template executed correctly is sufficient and far better than no documentation at all.

How can you set up a bank of mum and dad contract without the awkwardness?

The emotional dimension is real. Nobody wants to hand their child a legal document at the same moment they’re offering financial help. Here are practical steps to make it easier:

• Frame it as protection for everyone: Explain that the contract protects the child too — especially if their relationship breaks down or there’s a tax query.
• Use neutral language: Call it a “family loan agreement” rather than a “contract.” The substance is the same; the tone matters.
• Involve everyone early: If there are siblings, consider discussing the arrangement openly. Transparency now prevents resentment later.
• Start with a conversation: Agree the broad terms verbally first, then document what you’ve already discussed — the paperwork simply records the deal you’ve already made.
• Use a digital platform: Tools like Chipkie make it easy to create, sign, and track family loan agreements without the formality of a solicitor’s office, reducing both cost and discomfort.

For more on how family financial help can be structured sensibly, see our article on whether the bank of mum and dad is a blessing or a burden.

Whether you’re lending £5,000 towards a deposit or £50,000 to help your child onto the property ladder, putting a proper agreement in place is one of the smartest things you can do for your family. It protects the money, preserves the relationship, and keeps HMRC at arm’s length. Chipkie helps families across the UK create clear, enforceable loan agreements in minutes — no solicitor required, no awkward conversations necessary. Start your agreement today and give your family the protection it deserves.

Disclaimer: The information provided in this article is for informational purposes only and should not be considered financial or legal advice. Property and lending laws in the United Kingdom vary and may change over time. We always recommend consulting with a qualified solicitor and mortgage broker before entering into a property purchase or financial arrangement with another party.