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  • 3 (1) If a person dies without an heir and intestate in respect of any real estate consisting of any estate or interest, whether legal or equitable, in any incorporeal hereditament, or of any equitable estate or interest in any corporeal hereditament, whether devised or not devised to trustees by the will of that person, the law of escheat applies in the same manner as if that estate or interest were a legal estate in corporeal hereditaments.
  • (2) If any beneficial interest in the real estate of any deceased person, whether the estate or interest of the deceased person in it was legal or equitable, is, because of the failure of the objects of the devise or other circumstances happening before or after the death of the deceased person, in whole or in part not effectually disposed of, the deceased person is deemed, for the purposes of this section, to have died intestate in respect of that part of the beneficial interest as is ineffectually disposed of.

1979-111-3.