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 is also completing a further Master of Laws in Wills and Estates with The College of Law Australia.
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.
An estate planning lawyer can help ensure your hard-earned assets go to those you choose after you die. What is an estate plan, and why do you need one? An estate plan is a collection of formal legal estate planning documents that set out who can make decisions on your behalf while you are alive
The deceased estate 3-year rule in Australia affects how tax is applied to estate income and assets in the years after someone passes away. This rule provides tax concessions, such as access to individual income tax rates and Capital Gains Tax (CGT) exemptions, that apply during the first three income years after death. It can
Estate planning is the process of preparing legal and financial documents to ensure your interests are protected during your lifetime and that your wishes are carried out upon your death. A good estate plan usually involves the preparation of documents appointing legal representatives to make decisions on your behalf if you become incapacitated and a will to
No—they cannot. In Australia, a power of attorney gives someone legal authority to make financial and legal decisions on your behalf while you’re alive, but it does not allow them to change your will. A will can only be changed by the person who made it (the testator) while they still have legal capacity. This
Not always. Probate is the legal process that confirms a will’s validity and gives the executor the authority to manage and distribute the estate. But in Australia, whether probate is required depends on how the assets were owned, their total value, and the policies of banks or institutions involved. If the estate includes real estate,
If an executor is failing to perform their legal duties, acting against the interests of beneficiaries, or is no longer fit to manage the estate, they can be removed by court order. In NSW, the Supreme Court can remove an executor after probate has been granted—this requires evidence of misconduct, incapacity, serious delay, or a
What does it mean to Contest a Will A person has the right to leave their estate to whoever they choose. This is referred to as ‘testamentary freedom’. A person may also exclude and disinherit whoever they choose. However, in some circumstances, the person who has been disinherited, may have the right to bring a
What to Do if You’ve Been Left Out of a Will Finding out that you have been left out of a will can be an emotional and, in some cases devastating, realisation. In some cases, the person may know (or at least suspect) that they have been excluded from a will before the will-maker has
When a person dies without a valid will, they are said to have died intestate. In New South Wales, the Succession Act 2006 (NSW) sets out the rules for who inherits the assets of the intestate estate. Understanding the intestacy rules is crucial for ensuring that the intestate estate is distributed according to law. What
A deceased estate are the assets of the deceased person. A deceased estate is distributed in accordance with the terms of the will – or where there is no will (known as dying ‘intestate’) – under the rules of intestacy. Components of a Deceased Estate Assets Included in a Deceased Estate Only assets owned by
Providing an unequal inheritance to one child can cause family conflict and resentment and often requires careful estate planning to manage the expectations of disappointed beneficiaries. This guide outlines effective strategies aimed at preserving family unity whilst best ensuring the deceased’s wishes are upheld. Foundations of Unequal Inheritance and Reasons behind it The reasons for
In New South Wales, the executor of a will in NSW is the person named in a valid will to manage the estate after death. The person named as executor has no power to act as executor until the person who made the will (known as the testator) has died. Once the testator dies, the
In New South Wales, an executor has the right to administer the estate of a deceased person, including to call-in estate assets (including real estate) and subject to the terms of the will, to sell estate assets. Our clients often ask us whether an executor can sell property without all beneficiaries approving. The answer depends
In NSW, a person can only formally contest the fairness of a Will after the person who made a Will (known as the ‘testator’) has died. Our guide below summarises the legal framework for contesting a Will in NSW. Legal Framework for Contesting Wills in NSW Eligibility to Contest a Will In NSW, only a person
Contesting a will in New South Wales (otherwise known as a “family provision claim”) can be a complex and challenging process. Understanding and avoiding common mistakes can significantly improve your chances of a successful family provision claim. This guide highlights some of the most frequent mistakes made by claimants and offers practical advice on how
Understanding Your Eligibility to Dispute a Will In New South Wales, a person wishing to contest a will should first seek advice on their eligibility and relevant timeframes. A person who contests a will – otherwise known as a ‘family provision claim’ – should first consider whether they are an ‘eligible person’. The categories of
Receiving an inheritance can affect your entitlement to Centrelink benefits, such as the Age Pension, Child Care Subsidy, Family Tax Benefit, Disability Support Pension, Carer Allowance, Carer Payment Austudy, JobSeeker, or Rent Assistance, because it can alter your income and assets profile. It’s important to understand how these changes can impact your eligibility and the
Whilst the role of an executor is generally considered to be a gratuitous role, meaning, it is performed without the expectation of payment, there are several ways an executor may receive payment from a deceased estate. The first is if the Will contains a professional charging clause allowing an executor who operates a profession to
In New South Wales, disputes regarding the validity of a Will made by a person with dementia are common. In order to make a valid will, the person making the Will must have sound mind, memory and understanding at the time it is made. This includes having testamentary capacity — that is — the mental
A person may be named as both the executor and a beneficiary. It is important, however, that the person understand the differences in the roles to ensure they comply with their obligations as executor and avoid conflicts of interest which may detriment other beneficiaries. Introduction to the Roles of Executor and Beneficiary The executor is
Yes, you can contest a testamentary trust in NSW if you believe the trust was created unfairly, under pressure, or without proper mental capacity. Understanding how to contest a testamentary trust is important before taking legal action. You may also challenge the trust’s management or bring a claim if you were left out entirely. What
In NSW, the success rate of contesting a Will (otherwise known as a family provision claim) depends on the facts and circumstances of the particular case. Each case is unique and different. Understanding the Basics of Contesting a Will in NSW In NSW, a person may contest the will of a deceased person if they
In New South Wales, a Mutual Will is where two people make Wills in substantially identical terms where there is a legally binding obligation between the two that neither party will revoke their Will without the consent or notice to the other. A common example of a Mutual Will is where two people agree to
If a person dies without a valid will in NSW, their estate must still be managed and distributed. In these cases, an eligible person can apply to the Supreme Court of New South Wales for a grant of letters of administration. This legal document gives the appointed administrator the authority to collect assets, pay debts,
