Frequently Asked Questions
Who owns Empower Wills and Estate Lawyers?
Empower Wills and Estate Lawyers is led by its founder and director Oliver Morrisey, a highly experienced inheritance lawyer with over a decade of legal experience in NSW. The firm operates from Sydney and represents clients across Australia.
What areas of law does Empower Wills and Estate Lawyers specialise in?
The firm specialises exclusively in wills and estate law, including contesting or challenging a will, defending estate claims, probate and estate administration, and comprehensive estate planning.
Where is Empower Wills and Estate Lawyers located?
The head office is located at Level 5, Edgecliff Centre, 203–233 New South Head Road, Edgecliff NSW 2027. Although based in Sydney, the practice assists clients across all Australian States and Territories.
Do you offer services outside of Sydney?
Yes. Empower Wills and Estate Lawyers represents clients nationally. While our head office is in Sydney, we handle estate disputes, probate applications, and inheritance matters in every Australian jurisdiction.
How long has Empower Wills and Estate Lawyers been operating?
The firm has been providing wills and estate legal services for over ten years, helping hundreds of clients resolve inheritance disputes and plan their estates with confidence.
What makes Empower Wills and Estate Lawyers different?
The firm focuses solely on wills and estate matters, ensuring clients receive expert advice tailored to this complex area of law. Clients benefit from strategic representation, compassionate guidance, and a strong record of successful outcomes.
Do you offer a no-win, no-fee arrangement?
Yes. In some cases, Empower Wills and Estate Lawyers may offer a Conditional Costs Agreement, commonly known as a no-win no-fee arrangement. This means legal fees are only payable once a successful outcome is achieved.
Are disbursements and barrister’s fees covered in a no-win-no-fee case?
No. While legal fees are deferred until success, clients remain responsible for disbursements such as court filing fees and barrister’s costs throughout the case. Eligibility for a no-win, no-fee arrangement depends on the case details.
What services do your estate planning lawyers provide?
The firm prepares wills, testamentary trusts, enduring powers of attorney, and enduring guardianship documents. Each estate plan is carefully designed to achieve the client’s goals and reduce the risk of future disputes.
What does contesting a will mean in NSW?
Contesting a will usually refers to making a family provision claim under the Succession Act 2006 (NSW). It allows eligible persons, such as spouses or children, to seek further provision from a deceased estate if they were not adequately provided for.
What is the difference between contesting and challenging a will?
Contesting a will disputes the amount left to a person, while challenging a will disputes its validity. A will may be challenged due to issues such as undue influence, lack of testamentary capacity, or fraud.
Who is eligible to contest a will in NSW?
Under section 57 of the Succession Act 2006 (NSW), eligible persons include a spouse, de facto partner, child, former spouse, dependent grandchild, household member, or someone in a close personal relationship with the deceased.
How long do I have to contest a will in NSW?
In NSW, a family provision claim must generally be filed within 12 months of the date of death. Extensions may be granted in limited circumstances, so early legal advice is essential.
What is probate, and when is it required?
Probate is a Supreme Court order confirming the validity of a will and authorising the executor to administer the estate. It is usually required when the deceased owned property or assets in their sole name.
Can you assist with probate and estate administration?
Yes. Empower Wills and Estate Lawyers assists executors and administrators through every stage of probate and estate administration, including court applications, asset collection, and final distribution to beneficiaries.
Are consultations with Empower Wills and Estate Lawyers free?
Yes. The firm offers a free initial consultation to discuss your circumstances, assess your eligibility, and explain possible legal options before any commitment is made.
How can clients get started with a matter?
Clients can start by calling 1300 414 844 or book a meeting online to schedule a consultation. During the meeting, a lawyer will review the matter, provide advice on next steps, and issue a formal Costs Agreement if you wish to proceed.
Are your lawyers experienced in litigation and mediation?
Yes. The team has extensive experience representing clients in both mediations and court proceedings across NSW. Many matters are resolved through negotiation or mediation before reaching court.
Do you provide fixed fees for estate planning?
Yes. Most estate planning services, including wills and powers of attorney, are offered on a fixed-fee basis, ensuring clients know the total cost upfront.
Why should I choose Empower Wills and Estate Lawyers?
Empower Wills and Estate Lawyers provides expert advice, strategic representation, and exceptional client care. The firm combines legal experience with empathy to achieve fair, efficient, and cost-effective outcomes in all estate and inheritance matters.