Abolition of descent to heir, courtesy, dower and escheat

(1) With regard to the real estate and personal inheritance of every person dying after the commencement of this Act, there shall be abolished– (a) all existing modes, rules and canons of descent, and of devolution by special 12 Administration of Estates Act occupancy or otherwise, of real estate, or of a personal inheritance, whether operating by the general law or by custom of any locality or otherwise however; (b) tenancy by the courtesy and every other estate and interest of a husband in real estate as to which his wife dies intestate, whether arising under the general law or by custom or otherwise; (c) dower and free bench and every other estate and interest of a wife in real estate as to which her husband dies intestate, whether arising under the general law or by custom or otherwise, provided that where a right (if any) to free bench or other like right has attached before the commencement of this Act which cannot be barred by a testamentary or other disposition made by the husband, such right shall, unless released, remain in force as an equitable interest; and (d) escheat to the State. (2) Real estate of a person dying intestate after the commencement of this Act shall devolve in the manner provided by section 4, and the residuary estate of that person shall be distributed in accordance with section 54. (3) Nothing in this section shall affect the descent or devolution of an entailed interest. Administration of Estates Act 13