Estate of Nurmela

[2016] NZHC 1800

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

CIV 2015-485-611680 [2016] NZHC 1800

IN THE ESTATE OF         ANTTI MATIAS NURMELA

Hearing:	On Papers
Judgment:	4 August 2016

JUDGMENT OF BROWN 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]      Section 9B(2) of the Act provides that if a person entitled dies while the attorney is acting as administrator, within three months after the date of death of the person entitled the attorney must apply to the Court for directions relating to whether the attorney may continue to act as administrator.

[4]      The applicant requires further time either to apply for a new grant of letters of administration in the estate of Antti Matias Nurmela or for the estate to be wound up.

[5]      In those circumstances an order is made in terms of the without notice application for directions in the following terms:

IN THE ESTATE OF ANTTI MATIAS NURMELA [2016] NZHC 1800 [4 August 2016]

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

Brown J