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.
Ademption occurs when a specific gift named in a will no longer exists as part of the deceased’s estate at the date of death. When this happens, the named beneficiary generally receives nothing in its place, even if the will was never updated to reflect the change and the testator’s intentions seem clear from other
An informal will is a document that states a person’s testamentary wishes but was not signed and witnessed the way NSW law normally requires for a valid will. Under section 8 of the Succession Act 2006 (NSW), the Supreme Court can still admit that document to probate if it is satisfied the deceased intended it,
A deed of family arrangement is a legally binding document that allows beneficiaries and the executor of a deceased estate to agree to distribute the estate differently from what the will or the rules of intestacy actually provide. It is the most common way estate disputes in NSW are settled without a final court hearing.
Superannuation is not automatically distributed under your will. A binding death benefit nomination (BDBN) is the document that tells your super fund’s trustee who must receive your death benefit. Disputes over that decision go one of two ways: a complaint to the Australian Financial Complaints Authority, or a notional estate claim in the Supreme Court
A special disability trust is a trust recognised under the Social Security Act 1991 (Cth) that allows a family member with a severe disability to hold assets for their future care and accommodation without losing their disability pension or other Centrelink support. It can be set up during a family member’s lifetime or created through
In NSW, the executor named in a deceased person’s will has the legal right to take possession of the body and make all decisions about burial or cremation. This right arises at common law and is well established in NSW case law, most notably in Smith v Tamworth City Council (1997) 41 NSWLR 680. Where
A statutory will is a will made on behalf of a person who lacks testamentary capacity, authorised by order of the Supreme Court of NSW under section 18 of the Succession Act 2006 (NSW). It allows the Court to approve the creation, alteration, or revocation of a will where the person is alive but legally
A costs order is a court direction specifying who must pay the legal costs of estate proceedings, to what extent, and on what basis. In NSW estate litigation, costs orders are not automatic and do not always follow who wins. The Court holds broad discretion, and the outcome depends on the type of proceedings, the
A section 95 release is a formal agreement, approved by the Supreme Court of NSW, under which a person gives up their right to make a family provision claim against another person’s estate. It operates under section 95 of the Succession Act 2006 (NSW) and is the only mechanism in NSW that allows a person
A family provision claim is a personal right to seek adequate provision for maintenance, education, or advancement in life from a deceased person’s estate under Chapter 3 of the Succession Act 2006 (NSW). Because the claim is tied to the financial needs of the living applicant, the death of the applicant during proceedings raises serious
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
