Straede v Eastwood

Straede v Eastwood is a case where the plaintiff applied for a modification order under the Forfeiture Act to receive the benefit of dispositions in his deceased wife's will. The other beneficiaries opposed the order. The deceased was killed in a motor car accident where the plaintiff was the driver and pleaded guilty to dangerous driving causing death. The couple lived in a ménage à trois for twenty years prior to the wife's death. The court was required to decide whether the plaintiff's immorality was a relevant aspect of his conduct, as well as whether the needs of other beneficiaries and the wishes of the deceased were relevant matters in this case.

The court held that the conduct of the offender to which the court must have regard is conduct which has some bearing upon the circumstances in which the deceased was killed and upon the culpability of the offender. The court found that the conduct during the marriage of the plaintiff and the deceased had no bearing upon the circumstances of the deceased's death and was irrelevant. The court also held that the needs of other beneficiaries and the wishes of the deceased were not relevant in the circumstances of this case.

In terms of costs, the court held that the plaintiff should pay his own costs, while the other parties should have their costs out of the estate. The court discussed the principles behind this decision, taking into account the unique circumstances of the case.

The final orders of the court are that the plaintiff's application for a modification order under the Forfeiture Act is dismissed, and the plaintiff is to pay his own costs. The other parties are to have their costs out of the estate.