Grove v Fisher

In Grove v Fisher, the plaintiff, Kerry Anne Grove, sought interest on a bequest due to her under the will of her deceased father, Donald Robert Fisher. The bequest, amounting to $250,000, was due on 23 August 2000, but was not paid until 11 April 2002. The defendants, Shirley Francis Fisher and Geoffrey Archibald Fisher as executors and trustees of Donald Fisher's estate, argued that the payment was withheld pending the resolution of proceedings under the Inheritance (Family and Dependants Provision) Act 1972 (WA). The court was required to decide whether the executors were justified in withholding payment of the bequest and whether the plaintiff was entitled to interest. The court found that the executors were justified in withholding payment, as claims against the estate under the Inheritance Act were pending, and the estate should not be distributed in such circumstances. The court held that the plaintiff was not entitled to interest on the bequest as she was not culpably or improperly kept out of funds which ought to have been paid to her. The plaintiff's claim was dismissed.