In a saga that feels ripped straight from HBO’s Succession, Rupert Murdoch’s (93 years old) attempt to reshape his family trust has been blocked by a Nevada commissioner—a decision announced on December 9 (Merry Christmas) that could shift control of his media empire and ignite fierce family conflict. The ruling, which accuses the media mogul of acting in “bad faith,” sets a critical precedent for irrevocable trusts and signals a major moment for estate planning attorneys. The 96-page opinion---was, to put it mildly---scathing!
Like many very wealthy families, the battle was not about money…because nothing in this dispute sought to diminish any of his children’s financial stake in the Fox empire…but rather, it was about the future control of one of the world’s most powerful conservative media empires, which includes The Wall Street Journal, Fox News, The New York Post and major newspaper and television outlets in the UK and Australia.
Why Nevada: While Nevada is widely recognized as one of the most favorable jurisdictions for establishing and managing trusts due to its strong legal protections, privacy laws, and favorable tax treatment, even Nevada says no to some plots and, so far, has said no to this!!
The Plot: Murdoch’s Power Play
At 93, Rupert Murdoch is no stranger to controversy or empire-building. His latest maneuver involved attempting to alter the terms of an irrevocable trust—a legal arrangement originally established as part of a settlement with his second wife of five. The move aimed to solidify his son Lachlan Murdoch’s control over Fox News and other media properties.
For Rupert, ensuring that Fox News remains a fortress of conservative values appears to be the priority. As entertainment journalist Kim Masters explains, “He wanted to ensure that Lachlan… would continue to run Fox News as the conservative mouthpiece that it is.”
The problem? Murdoch’s other children—James, Elizabeth, and even the largely uninvolved Prudence—may not share his vision. James and Elizabeth, in particular, are believed to favor a less conservative direction for the family’s media holdings, a move Rupert is determined to prevent.
The Ruling: "Bad Faith" and Legal Fireworks
Nevada Commissioner Edmund J. Gorman Jr.’s decision to block Murdoch’s changes came in what has been described as a “scathing” opinion. Gorman ruled that the Fox founder’s actions amounted to a “charade”—an effort to unilaterally install Lachlan as the company’s heir apparent, effectively sidelining the other beneficiaries.
So, you may wonder what a Nevada commissioner is. Well, A commissioner in Nevada is a judicial officer appointed by the court to handle specific legal matters. Commissioners often deal with cases related to trusts, probate, family law, and other specialized areas. While they are not elected judges, they have authority delegated by the court to make rulings and issue orders. Commissioners conduct hearings, review evidence, and make legal determinations, much like a judge. Their rulings carry significant weight and are part of the legal process. Decisions made by commissioners can generally be appealed to a judge or higher court if one party disagrees with the outcome.
But look—this is a very, very damaging opinion for Rupert Murdoch. I would suggest that the findings of fact in this case make it very tough to get this case overturned on appeal. The first fact was….wait…it was to be irrevocable!!
In short, Murdoch’s maneuver, as powerful and rich as he is, has hit a legal brick wall, and the fallout could be monumental for his empire’s future. The battle may now play out in appeals courts, but one thing is clear: this ruling exposes the appropriate and significant challenges of altering an irrevocable trust—even for one of the world’s most powerful men.
Life Imitates Art: The Succession Parallels
It’s impossible not to compare the Murdoch family drama to the fantastic fictional Roy family of Succession. Both dynasties feature a powerful patriarch determined to cement his legacy, warring siblings with conflicting visions for the family business, and an irrevocable trust acting as a ticking time bomb.
This entire trust was part of a settlement with Murdoch’s second of five wives. Now, it's an all-out war. Lachlan, the “favored son,” aligns with Rupert, while James and Elizabeth resist his conservative agenda. Prudence, once a wildcard, appears sympathetic to the dissenters.
Like Succession’s Waystar Royco, the Murdoch empire now teeters on the edge of transformation. Whether the family can navigate these choppy waters remains to be seen—but the comparisons write themselves.
Key Lessons for Our Clients:
Irrevocable Trusts Are Not Easily Changed
Many clients assume irrevocable trusts can be adjusted if circumstances or priorities shift. While flexibility can be built in at the drafting stage, courts will scrutinize any amendments, especially when changes appear self-serving or in bad faith.
Anticipate Family Conflicts
Provisions requiring cooperation, like the Murdoch trust, can unintentionally ignite family wars when relationships fracture. At Durfee Law Group, we work closely with clients to craft solutions that balance control, collaboration, and safeguards against discord.
Jurisdictional Advantages Still Have Limits
Nevada is often favored for its strong trust protections, but even the most favorable laws can’t shield changes made without sound legal and ethical footing. We help clients navigate jurisdictional benefits while maintaining compliance and fairness.
Building Flexibility into the Structure
A well-designed trust can include mechanisms for dispute resolution, adaptable provisions, and carefully considered successor trustees. At Durfee Law Group, we focus on future-proofing estate plans to minimize conflict and ensure the original intent stands firm.
The Bottom Line: Protecting Your Legacy
The Murdoch family trust battle highlights the delicate balance between preserving a legacy and managing evolving family dynamics. At Durfee Law Group, we work to ensure our clients avoid these pitfalls by crafting tailored succession plans that align with their vision, protect their families, and stand the test of time—even when tested by complex realities.
As estate planners and tax attorneys, our role is to guide families through the succession maze with clarity, strategy, and foresight. Unlike HBO’s Succession, in real life, a well-structured plan can prevent the drama before it starts.
Durfee Law Group: Guiding Clients Through the Succession Maze
Why am I writing about this? As Senior Tax Attorney at Durfee Law Group, I see cases like the Murdoch family trust as both cautionary tales and opportunities to guide clients through the complexities of irrevocable trusts and family succession plans. The Murdoch drama underscores a truth we share with our clients: planning for succession is as much about managing family dynamics as it is about legal strategy.
Succession, Nevada Edition: Murdoch's Trust Battle and the Future of Irrevocable Trusts © 2024 by Durfee Law Group is licensed under CC BY 4.0 
Succession, Nevada Edition: Murdoch's Trust Battle and the Future of Irrevocable Trusts