What happens if someone is declared dead?

[Alison C]

For a while now I've been trying to find out what happened to my g-g-grandfather's brother, William McDowall, who seemed to vanish around 1880. Last week I found a newspaper article from the Scotsman on BNA which has solved the mystery!

The article, from March 1916, reported that William's son (also William) had gone to the courts in Kirkcudbright to have his father declared dead. (Not sure why he went all the way up to Kirkcudbright when he lived in Leeds!). William Snr had gone to work as a railway stoker in Texas (presumably around 1880ish as I can't find him on the 1881 UK census) but his family had not heard from him since since 1885.

Does anyone what would happen in these circumstances regarding a death certificate? Would one even be issued as there was no definite body?

Also, would William Snr's estate go through probate?

Thanks!

Alison

[Bertieone]

Any help?

https://en.wikipedia.org/wiki/Declared_ ... n_absentia

[Alison C]

Thanks for that Bertie.

Interesting what it says about Scotland:

If a person lived in Scotland on the date they were last known to be alive, authorities can use this act to declare the person legally dead after the standard period of seven years

This makes me wonder if William Snr had returned from Texas and was living in Kirkcudbright when he was last heard from. He was actually born in Kirkcudbright so it is possible he may have returned there. I'll check passenger lists for clues.

Alison

[MaryA]

Sounds intriguing, do let us know if you have any results.