Oliver Morrisey is the Founder and Director of Empower Wills & Estate Lawyers, a specialist law firm based in Sydney’s Eastern Suburbs. With over a decade of legal experience, Oliver has built a practice dedicated to helping clients claim or protect their inheritance through clear advice, strategy, and representation.
Oliver holds a Bachelor of Laws and Bachelor of Science (Forensics) from the University of Newcastle, as well as a Master of Laws (LLM) from the University of Sydney. He has also completed a Master of Laws in Wills and Estates with The College of Law Australia, graduating with a High Distinction average grade and receiving the award for Best Graduating Student in Wills and Estates.
As a member of both the High Court of Australia and The Law Society of NSW, Oliver brings a high level of professionalism and expertise to every matter.
Under his leadership, the firm has evolved from a general practice to one of Sydney’s fast-growing specialists in Wills and Estate Law. His client-first approach has earned the firm a strong reputation for consistent results and exceptional service, with the majority of new clients coming through word-of-mouth referrals.
Oliver leads a team of highly skilled inheritance lawyers who share his focus on achieving fair and practical outcomes. His involvement in every stage of a matter ensures that each client receives the benefit of tailored strategy and careful attention to detail.
Oliver’s practice covers both contentious and non-contentious matters.
He represents claimants who wish to contest or challenge a will, as well as executors and administrators defending similar claims. He also assists clients with estate planning, probate, and administration.
His mission is clear: to help clients claim or protect what is rightfully theirs. This principle underpins every case and drives the culture of Empower Wills & Estate Lawyers.
Oliver believes that inheritance should be handled with care, fairness, and respect. He founded Empower Wills & Estate Lawyers on the principle of “Inheritance. Your Way.”
This philosophy reflects his commitment to giving clients control over their outcomes through education, transparency, and expert guidance. His goal is to simplify complex estate matters and provide solutions that are strategic, compassionate, and effective.
Disentitling conduct is conduct by an applicant that is serious enough to reduce or extinguish their entitlement to provision from a deceased NSW estate. Section 60(2) of the Succession Act 2006 (NSW) lists the applicant’s character and conduct, before and after the deceased’s death, as a factor the Court may consider. NSW courts treat disentitling
Adequate provision in a NSW family provision claim is the level of provision the deceased should have made for an eligible person’s proper maintenance, education, or advancement in life. The test is set out in section 59 of the Succession Act 2006 (NSW). It is a value-laden judgment, not a fixed formula. The concept is
You can appeal a NSW family provision decision to the Court of Appeal under section 101 of the Supreme Court Act 1970 (NSW). An appeal is not a fresh hearing. It succeeds only where the trial judge made an error of law or principle, took into account irrelevant matters, mistook the facts, or reached a
A Calderbank offer is a written settlement offer made “without prejudice save as to costs” in a NSW family provision claim. It can shift legal costs to the rejecting party if the rejection is later assessed by the Supreme Court of NSW as unreasonable. Calderbank offers sit alongside formal UCPR offers of compromise as a
Revocation of a grant of probate in NSW is the process of asking the Supreme Court of NSW to set aside a probate or letters of administration already issued. The grounds include a later valid will, lack of testamentary capacity, fraud, undue influence, or material non-disclosure to the Court. Revocation undoes a grant that should
You can contest a will under NSW law from overseas or interstate by filing a family provision claim in the Supreme Court of NSW within 12 months of the deceased’s death. The Court’s jurisdiction depends on the deceased’s domicile or where the estate property is located. Distance does not bar an eligible person from claiming,
A NSW Supreme Court family provision hearing is the final court determination of a claim brought under Chapter 3 of the Succession Act 2006 (NSW). The judge hears evidence, considers submissions, and decides whether to make a family provision order. Most claims settle at mediation under Practice Note SC Eq 7, but those that proceed
A probate caveat is a formal notice filed with the Supreme Court of NSW that prevents a grant of probate or administration from being issued in a deceased estate. It is governed by Part 78, Division 10 of the Supreme Court Rules 1970, and remains in force for 6 months. Caveats give interested parties time
Notional estate is a NSW-only mechanism that lets the Supreme Court designate property the deceased moved out of their estate before death, or that was distributed afterwards, as available to satisfy a family provision order under the Succession Act 2006 (NSW). NSW is the only Australian state with notional estate laws. Empower Wills and Estate
The two-stage test for family provision claims in NSW determines whether an eligible person receives a share of a deceased estate. It comes from Singer v Berghouse and is applied under sections 59 and 60 of the Succession Act 2006 (NSW). For over a decade, I have helped clients work through this test. Empower Wills
Who pays capital gains tax (CGT) on a deceased estate will depend on the timing of the sale. As there is no inheritance tax in Australia, the transfer of an asset from the estate to a beneficiary does not trigger a CGT liability. However, the beneficiary may need to pay CGT later if they sell
A right to occupy property NSW (often referred to as a “right of residence”) is where a person who owns property (the owner) grants a second person the right to reside in a property after the owner dies. It is usually rent free and for a specific period (i.e. 12 months) or until an event
Under NSW succession laws, for a will to be valid it must be made by someone with sound mind, memory and understanding; the person must have known and approved the terms of the will; and the will must not be the product of undue influence or fraud. To be of sound mind, memory and understanding,
We are often asked, ‘What is the difference between a deceased estate and a testamentary trust?’ A deceased estate is a term used to describe the estate of a deceased person. When a person dies their executor (if they died with a will) will usually apply to the Supreme Court of NSW for a grant
In NSW, only property owned by the deceased person in their sole name, or as Tenants in Common with another person, will fall into the deceased person’s estate. On the other hand, property owned as Joint Tenants will not fall into the deceased person’s estate, but rather, will pass to the surviving joint tenant under
During a separation or divorce, under Australian family law, an inheritance may be treated as part of the property pool. The Federal Circuit and Family Court of Australia’s task is to make orders that are just and equitable under the Family Law Act 1975 (Cth). Timing, use, and financial contributions all matter. If an inherited
In most cases, inheritance is not counted as income for tax purposes in Australia. Under Australian tax law, amounts you receive from a deceased person’s estate are generally tax-free for personal income tax purposes. However, tax can arise later in the following ways: Capital gains tax (CGT): if you later sell an inherited property or
Yes. Inheritance can affect child support in NSW, where it increases a parent’s income or financial resources. Although an inheritance received as a lump sum is not automatically counted as income, an increase in financial resources may result in Services Australia reassessing the parent and their ability to pay child support. Understanding Inheritance and Child
Probate costs in NSW will depend on the size, nature, and complexity of the estate. When we are asked “how much does probate cost in NSW?” and “is probate expensive in NSW?”, we explain that probate costs are made up of three main costs: legal fees, court filing fees, and third-party expenses. When Is Probate
Whether wills need probate in NSW depends on the circumstances. Probate is a court process through which the named executor or executors obtain the legal authority from the Supreme Court of NSW to administer a deceased estate. Wills go to probate so assets can be lawfully transferred. Probate gives the executor authority to collect and
Yes, inheritance can affect your pension in Australia under Centrelink rule, as it is counted in your asset test or income test. Centrelink inheritance rules are strict, and there are very limited ways to avoid your pension being impacted. However, there are some strategies that can be implemented to help retain your pension. Pension Types
Grandchildren may wonder about their inheritance rights when a grandparent dies, particularly if their parent had previously died. A grandchild’s rights will depend on the terms of the will (or, where there is no will, intestacy laws) and also on the nature of the relationship between them and their grandparent. Regardless of whether the grandchild
We often get asked, “What is probate and when is probate not required in NSW?” Probate is the legal authority granted by the Supreme Court of NSW to administer a deceased estate. The executor may need to apply for probate. However, a grant of probate is not required in every case, and certain assets can
After probate is granted in NSW, the executor can begin estate administration, including collecting assets, paying debts, and distributing to beneficiaries. The executor will not have legal authority to administer the estate until probate has been issued by the Supreme Court of NSW. Collecting and Managing Estate Assets Once probate has been granted, executors can
