Legal Definitions - King's proctor

The King's Proctor is a senior government legal official in the United Kingdom whose primary role is to intervene in certain legal proceedings when there is a suspicion of fraud, collusion, or other matters that might mislead the court or affect the public interest. This office acts as an independent guardian of the public interest within the legal system, particularly in cases involving marriage, divorce, and probate.

The title of this office changes depending on the reigning monarch; it is the "King's Proctor" when a King is on the throne and the "Queen's Proctor" when a Queen reigns.

Here are some examples of when the King's Proctor might intervene:

• Divorce Cases with Suspected Collusion: Imagine a scenario where a couple, Mr. and Mrs. Davies, decide to divorce. To expedite the process or achieve a specific financial settlement, they fabricate evidence of one spouse's adultery, even though no such event occurred. A court official or a member of the public might become suspicious and alert the King's Proctor's office. The King's Proctor could then intervene in the divorce proceedings to investigate the alleged adultery, present evidence that it was fabricated, and ensure the court is not misled into granting a divorce on false grounds. This protects the integrity of the legal process and prevents parties from manipulating the system for personal gain.

• Probate Cases Involving Fraudulent Wills: Consider a situation where an elderly, wealthy individual, Mr. Henderson, passes away. Shortly after his death, a previously unknown will surfaces, leaving his entire estate to a distant acquaintance, completely disinheriting his long-standing family. The family suspects that the will was either forged or that Mr. Henderson was unduly influenced into signing it while in a vulnerable state. If these suspicions are brought to the attention of the authorities, the King's Proctor might intervene in the probate application. Their investigation would aim to uncover any fraud or undue influence, ensuring that Mr. Henderson's true wishes are respected and that the estate is distributed lawfully, preventing a miscarriage of justice and potential financial crime.

• Annulment of Marriages for Public Interest Reasons: Suppose a couple, Mr. Chen and Ms. Lee, marry, but shortly after, Ms. Lee seeks an annulment, claiming the marriage was never consummated. However, information comes to light suggesting that the marriage was entered into primarily to facilitate Mr. Chen's immigration status, and the annulment is now being sought to allow Ms. Lee to marry someone else for similar purposes. If there is a suspicion that the marriage was a sham or that the annulment is being sought fraudulently to circumvent immigration laws, the King's Proctor could intervene. Their role would be to investigate the true nature of the marriage and the reasons for the annulment request, ensuring that the court's decisions uphold the law and protect the public interest against misuse of legal processes.