Alabama Supreme Court hears challenge to will clause that sends disputes to private advisory committee and threatens forfeiture

The Supreme Court of Alabama heard oral argument over whether a provision in the Banks family will that sends disputes to a private advisory committee and imposes forfeiture penalties can be enforced against a beneficiary who sought an inventory and accounting.

Chris Hamer, arguing for the appellant, told the court the case was "unprecedented" and said the dispute centers on a 19-year-old beneficiary, Grant Banks, who was declared to have forfeited his inheritance after seeking statutorily authorized information about the estate. Hamer said the trial court stayed proceedings and "delegated its judicial authority to an advisory committee" under terms of the will and that the committee's decision was treated as final and nonreviewable.

Hamer urged the court to construe forfeiture provisions narrowly under Alabama precedent, arguing that Alabama law "abhors a forfeiture" and that a petitioner seeking an inventory and accounting is exercising, not impeding, administration of an estate. He cited the Alabama Uniform Trust Code and case law requiring courts to have…