Quote Originally Posted by The Barry View Post
Why do these clans not have cheifs?

My clan, Douglas, is chief-less due to the hyphenated last name of our would-be chief.

Is this the same for many of these other clans as well?
Well, a double-barreled name (Smyth-Udny, for example) would definitely be one reason. A chief is legally the "Chief of the Name and Arms of X" and as such can only have one surname, not two. Two other reasons a clan may be chiefless are migration and extinction.

In the case of migration the chief has left Scotland at sometime in the past and with the passage of time his descendants are unaware of their chiefly status. Sometimes, as in the case of McBain of McBain in the United States, genealogical research uncovers the entitlement to the undifferenced arms of the chief. When this happens the genealogical "proofs" are laid before the Lord Lyon who carefully studies them, and then decides if the proofs are sufficient in the law to recognize the individual concerned as "Chief of the Name and Arms of X".

Extinction is just that. The last known chief died at some time in the past, and left no immediate heir. In some instances it could be necessary to go back through numerous "chiefly" generations before the last known chief to find "survivors" who would be entitled to lay claim to the chiefship. If this could be done (and it is really, really, difficult owing to the scarcity of early highland records) than the senior most descendant of that chief could approach Lyon Court with his genealogical proofs, and ask for recognition as "Chief of the Name and Arms of X". Now as daunting as this process may sound, it does happen. I believe it was MacDonnell of Keppoch who recovered the chiefship of his clan a few years ago. The previous chief had died without heirs in 1889, but the claimant was able to establish senior lineal descent from a Keppoch chief in the 17th century. The process took nearly thirty years, and several appearances before the Lord Lyon, but ultimately he prevailed.

A similar process is now taking place with the Bells of Blackethouse, a border "clan".

If all else fails and there is sufficient interest on the part of a "clan society", the Lyon may allow the election of a new chief, but under the strictest control of his absolute authority. Details of this process are outlined in Way & Squire's book, The Collins Scottish Clan and Family Encyclopedia where an entire chapter is devoted to the law of the clan. I would suggest it would make for further reading if you are interested.