Re Estate of Tanuvasa

[2015] NZHC 3283

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

CIV 2015-485-614729 [2015] NZHC 3283

IN THE MATTER OF	the estate of TAMALI'I TANUVASA
PEPE MAUA TUPUOLA Applicant

On the papers
Judgment:	17 December 2015

JUDGMENT OF MALLON J

[1]      Ms   Pepe   Tupuola   (the   applicant)   applies   for   a   grant   of   letters   of administration.   The grant is sought in respect of the estate of Tamali’i Tanuvasa, who was the applicant’s sister.  The application was declined by the Registrar on the ground that it should have been made by the two daughters of the deceased.  The applicant seeks review of that decision.   The review has been referred to me for consideration.

[2]      The deceased died intestate.   The deceased was survived by two children (Mele Tanuvasa and Merita Iopu) and six brothers and sisters (one of whom is the applicant).  The gross value of the estate does not exceed $20,000.  It is comprised of Kiwisaver funds of slightly over $15,000 and the balance is held in a Westpac current account.   The provider of the Kiwisaver funds requires letters of administration.

[3]      Pursuant  to  s 77  of  the Administration Act  1969  (the Act),  the  children (Ms Tanuvasa and Ms Iopu) are the beneficiaries of the estate.   They have each sworn affidavits.  They are 41 and 42 years old respectively.  They both reside in

Western Samoa.   They each understand that they are entitled to apply to be the

Estate of Tamali’i Tanuvasa [2015] NZHC 3283 [17 December 2015]

administrator of their mother’s estate.  They do not wish to do so.  They have each signed a formal consent for the applicant to be appointed.  The five other siblings of the deceased have all been given notice of the applicant’s intention to apply for the grant and none have objected.

[4]      The grant of administration is sought pursuant to s 6(2) of the Act.   That permits the Court to grant administration to such person as it thinks expedient by reason of special circumstances, notwithstanding that some other person would by law be entitled to a grant of administration.1   The special circumstances relied on are as follows:

(a)      The two persons beneficially interested in the estate reside out of New Zealand, do not wish to apply for administration, and consent to the application made.

(b)The  applicant  is  the  deceased’s  sister.    She  is  familiar  with  the deceased’s affairs.  The five other siblings of the deceased have not objected to the application.

(c)       The estate is small.

(d)An alternative would be for the beneficiaries to appoint the applicant as attorney.  This involves disproportionate cost, given the size of the estate, and the beneficiaries do not want to apply for letters of administration.

[5]      The application has been made on proper grounds.  The applicant has made all the appropriate inquiries.  The grounds are supported by the material presented to the Court.  I am satisfied that there are special circumstances making it appropriate to grant the application under s 6(2) of the Act.

[6]      Accordingly the grant of letters of administration to the applicant is made.

Mallon J

1      See Re Jones [1973] 2 NZLR 402.