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

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

The Court, exercising its direction‑giving power under s9B(2) and its procedural jurisdiction, may permit an attorney acting as administrator to continue to act for a limited specified period after the person entitled dies to enable application for a new grant or winding up; in this case the Court granted a six month continuation and reserved leave to apply for further extension.

Citation
[2016] NZHC 1800
Parties
Deceased (estate): Antti Matias Nurmela; Person Entitled (deceased; Formerly Mentally Incapable): Hely Siru Nurmela
Court
High Court
Jurisdiction
New Zealand
Judgment Date
4 August 2016
Procedural Posture
Estate Administration / Application for Directions / Without Notice Application for Directions After Death of Person Entitled
Outcome
Application for directions granted
Legal Topics
Letters of Administration, Continuation of Administration, Application for Directions, Administration Act 1969 S9 A(2) and S9 B(2)
Administration of Estates Succession Capacity/mental Incapacity Procedural Law Letters of Administration Continuation of Administration Application for Directions Administration Act 1969 S9 A(2) and S9 B(2)

Case Brief

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Parties

Antti Matias Nurmela

Deceased (estate)

Hely Siru Nurmela

Person Entitled (deceased; Formerly Mentally Incapable)

Procedural Posture

Estate Administration / Application for Directions / Without Notice Application for Directions After Death of Person Entitled

Legal Issues

  1. 1 Whether an attorney appointed as administrator under s9A(2) may continue to act after the person entitled dies
  2. 2 Whether the court should permit a limited extension to enable application for a new grant of administration or winding up of the estate

Ratio Decidendi

The Court, exercising its direction‑giving power under s9B(2) and its procedural jurisdiction, may permit an attorney acting as administrator to continue to act for a limited specified period after the person entitled dies to enable application for a new grant or winding up; in this case the Court granted a six month continuation and reserved leave to apply for further extension.

Court Disposition

Application for directions granted

Orders

  • 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
  • Leave is reserved to the applicant to apply to extend the period of his administration if circumstances so require