Estate of Nurmela

[2017] NZHC 1795

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

CIV-2015-485-611680 [2017] NZHC 1795

IN THE ESTATE OF         ANTTI MATIAS NURMELA

Hearing:	On the papers
Judgment:	1 August 2017

JUDGMENT OF CULL J

[1]      The applicant is the administrator of the estate of Antti Matias Nurmela, pursuant to a grant of letters of administration dated 12 October 2015, made under s 9A(2) of the Administration Act 1969 (the Act) to the attorney of a person entitled, who has become mentally incapable.

[2]      The person entitled who became mentally incapable, Hely Siru Nurmela, died on 22 April 2016. The applicant is the sole surviving executor under the last will and testament of Hely Siru Nurmela.

[3]      The applicant filed an application under s 9B(2) of the Act for the Court’s

directions and Brown J made the following orders:

(a)      the applicant is to continue to act as administrator upon the letters of administration of the estate of the deceased, Antti Matias Nurmela, dated 12 October 2015 for a period of a further six months;

(b)leave is reserved to the applicant to apply to extend the period of his administration if circumstances so require.

IN THE ESTATE OF ANTTI MATIAS NURMELA [2017] NZHC 1795 [1 August 2017]

[4]      The applicant has filed a further application for directions, seeking further time to apply for probate for the estate of Hely Siru Nurmela and then a new grant of letters of administration in his capacity as administrator of the estate.

[5]      In an affidavit filed in support of the application, the applicant describes the claims against the estate of the deceased, which are yet to be resolved.  The applicant had hoped that the claims may have been able to be resolved within the timeframe for the extended grant of administration in which case the estate could have been promptly wound up.

[6]      In the circumstances, with the proceedings still extant, a further extension of a grant of letters of administration is required and I accordingly make an order in terms of the without notice of application for directions in the following terms:

(a)      the court directs the applicant to continue to act as administrator upon the   letters   of   administration   of   the   estate   of   the   deceased, Antti Matias Nurmela, dated 12 October 2015 for a period of a further six months;

(b)leave is further reserved to the applicant to apply to extend the period of his administration if circumstances so require.

Cull J