Legally Declared Dead

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Del 80
Posts: 46
Joined: Wed Sep 07, 2011 7:22 pm
Location: Lincolnshire UK

Legally Declared Dead

Post by Del 80 » Tue Dec 27, 2011 2:13 pm

Hi, If someone vanished, in say the early 1900s, and their spouse re-married, would the said spouse have to have the person who vanished legally declared dead?. A seven year period has been suggested. Are there any records of this sort of thing?. I would be grateful for any help on this. Regards Del
Researching, Clarke, Calvert, McDowell, McCreadie, Paton and Scott families, Scotland and Ireland.

Montrose Budie
Posts: 713
Joined: Sat Dec 11, 2004 11:37 pm

Re: Legally Declared Dead

Post by Montrose Budie » Wed Dec 28, 2011 12:38 am

Del80

It all depends on whether there were folk who needed to have the person registered as deceased.

7 years was commonly the period after which such a declaration could be sought, and a death registration made via the relevant registrar.

Check with the National Archives of Scotland website for more details on the court procedures involved.

mb

Currie
Posts: 3924
Joined: Fri Jun 22, 2007 3:20 am
Location: Australia

Re: Legally Declared Dead

Post by Currie » Wed Dec 28, 2011 6:52 am

There’s been previous discussion on the forum about presumption of death. If you click on the rather large (6MB) Scottish Law Commission PDF “Report on Presumption of Death” link you’ll find the matter nicely covered. Most of the early 20th Century stuff seems to be in the first eight or so pages. http://www.google.com.au/search?sclient ... iAfjxfyZAQ

All the best,
Alan