A Message from the Murdochs

Celebrity estates are always on display, especially those gone wrong. Using those estates as instructive lessons regarding how to avoid disaster has provided many a topic for this blog. I often discuss the benefits of creating and reviewing an Estate Plan regularly. Simply put, none of us should leave our legacy to chance. Recently, a friend sent me a link to a New York Times Magazine article expanding that narrative with respect to the Murdoch family.  The article provides a much deeper dive into the underlying facts, worthy of any Succession plot. The article explains that this saga began years ago and came to a boiling point.  Turns out, my first article in this series barely scratched the surface of this complex legal and family drama.

Rupert Murdoch (“Rupert”) understands legacy better than most. Late in 2023, Rupert filed a petition to amend the terms of an irrevocable trust that holds his approximately 40% interest in News Corporation (“News”) (which owns The Wall Street Journal) and Fox Corporation (“Fox”) because he wanted to solidify leadership of his empire and decided that his eldest son, Lachlan Murdoch (“Lachlan”), was the child best-suited to the task. According to the New York Times, Murdoch initiated the petition to prevent James Murdoch (“James”), Elisabeth Murdoch (“Liz”), and Prudence Murdoch (“Prue”) from receiving their respective voting rights in the entities because he disagreed with their politics.

As the New York Times Magazine article explained, Rupert created the subject trust in 1999 when he divorced his second wife, Anna, so that he could marry his third wife. At that time, three of his four children, Lachlan, James, and Liz, all worked in the family business and competed to assume control of the companies. As part of the negotiations during the divorce, Rupert and Anna agreed that upon Rupert’s death, his four children, Lachlan, James, Liz, and Prue would split control of the companies. None of his future children, if he had any, would have any rights to the companies. Note that this is an unusually harsh Estate Planning result. Rupert then married his third wife and within five years they had two children, Grace and Chloe Murdoch. At that time, he negotiated with his oldest children to restructure the plan to split his fortune equally among all six children, but the youngest two would have no voting rights. The restructured trust expires in 2030 but until that time, the shares remain together and essentially under Rupert’s control. The trust allows Rupert to make modifications to it if such change benefits the beneficiaries.

After restructuring the plan in the early 2000s, the older children continued to compete with one another, hoping that Rupert would name one of them as his successor. Several years into the battle scandal rocked the company, forcing Rupert and the children to pivot. Late in 2019 Lachlan became chief executive of Fox and co-executive chairman of Fox and News, which title he shared with Rupert until he retired in late 2023. As the plan currently works, one corporate trustee administers the trust. The corporate trustee has a board of six directors. Each child with voting rights appoints one director, and each director has one vote. Rupert appoints two directors, each of whom has two votes, ensuring that Rupert maintains control during his lifetime. His four votes split among the four children with voting rights if he dies prior to 2030.  Thus, notwithstanding Lachlan being the sole child with a title and the attendant responsibilities, James, Liz, and Prue also have voting rights.  Rupert sought to change that by amending the trust to consolidate voting rights in Lachlan and deprive James, Liz and Prue of their voting rights.  Given his advanced age and the looming expiration date of the trust, Rupert needed to act quickly.

In December 2024, the probate commissioner issued a 96-page opinion denying Rupert’s amendment. The commissioner suggested that Rupert and Lachlan acted in bad faith, that the newly appointed directors worked to cement Lachlan’s control and in so doing abused their discretion and breached their fiduciary duties. While Rupert and Lachlan have moved to appeal the decision, sources indicate that an overturn of the decision seems unlikely. It will be interesting to see if Rupert attempts something else as men like him rarely concede defeat.  At 93 years old, he’s running out of time to impose the changes that he wants prior to the trust’s expiration in 2030.

We can take numerous lessons from this case although the biggest one is that incorporating flexibility into an Estate Plan helps prevent later litigation. That should be the last resort as it rarely ends the way the parties intend and generally only benefits the lawyers. Here, it seems that this last battle ended a long-standing family feud. Murdoch’s children have discovered his true feelings regarding their role in the future of his empire, and that is probably a bitter pill to swallow given their earlier involvement in the companies. No family is immune from squabbles, although a well-drafted, flexible Estate Plan may prevent future litigation.  While we get to watch the reality that served as the basis for the hit TV show Succession, it’s hard to imagine living with the emotional toll that has resulted from the events leading up to this result. Don’t leave your legacy to chance; too much can go wrong if you do. 

REAL ID Deadline Approaching: What You Need to Know Before May 7, 2025

If you haven’t upgraded to a REAL ID yet, now is the time to do so. Beginning May 7, 2025, the Department of Homeland Security (DHS) will require a REAL ID-compliant driver’s license or identification card for travelers aged 18 and older to board domestic flights and access certain federal facilities. Originally scheduled for an earlier rollout, the deadline was extended to ensure more Americans have adequate time to obtain their updated identification.

For Members attending the Academy Spring Summit, which ends on May 5, 2025, this new requirement is particularly important if you plan to extend your trip or fly home after the event. Ensuring you have a REAL ID in advance will help avoid travel disruptions.

What Is a REAL ID?

The REAL ID Act was passed by Congress in 2005 in response to the 9/11 Commission’s recommendations to set minimum security standards for state-issued driver’s licenses and ID cards. A REAL ID is a more secure form of identification, designed to reduce identity fraud and enhance national security.

If your current driver’s license or state-issued ID does not have a gold or black star in the top right corner, it is not REAL ID-compliant. Some states use a bear with a star or another state-specific symbol, but the presence of a verification mark indicates compliance.

Who Needs a REAL ID?

If you plan to:

  • Fly domestically within the United States
  • Enter federal buildings or secure facilities that require ID
  • Visit military bases (if applicable to you)

then you will need a REAL ID, a U.S. passport, or another TSA-approved form of identification after May 7, 2025.

How to Get a REAL ID

To obtain a REAL ID, you must visit your state’s Department of Motor Vehicles (DMV) in person and provide specific documents, which generally include:

  1. Proof of Identity (e.g., valid passport, birth certificate)
  2. Proof of Social Security Number (e.g., Social Security card, W-2 form)
  3. Two Proofs of Residency (e.g., utility bill, rental agreement, bank statement)
  4. Proof of Legal Name Change (if applicable, such as a marriage certificate or court order)

Check with your state’s DMV website to confirm the exact requirements, as they may vary slightly.

Do You Need a REAL ID If You Have a Passport?

No. If you already have a valid U.S. passport, you do not need a REAL ID to board domestic flights or enter federal buildings. However, many people choose to get a REAL ID for convenience, especially if they do not want to carry a passport for domestic travel.

What Happens If You Don’t Have a REAL ID by May 7, 2025?

If you try to board a domestic flight after the deadline and do not have a REAL ID or another TSA-accepted form of identification (such as a passport or military ID), you will not be allowed to fly. Similarly, access to certain federal buildings and secure facilities will be denied without proper identification.

REAL ID Readiness: Key Steps to Avoid Travel Delays

  1. Check Your ID Now – Look for a gold or black star on your driver’s license or state ID. If you don’t see it, your ID may not be REAL ID-compliant.
  2. Make an Appointment Early – DMV offices will get busier as the deadline approaches. Schedule an appointment now to avoid long wait times.
  3. Gather Your Documents in Advance – Each state has slightly different requirements, but you’ll generally need proof of identity, a Social Security number, and two proofs of residency. Check your state’s DMV website for specifics.
  4. Consider Alternatives – If you already have a valid passport or another TSA-approved ID, you may not need a REAL ID for flying, but it’s still useful for other federal purposes.
  5. Verify Your Name Matches – Ensure that the name on your documents matches your ID exactly, especially if you’ve had name changes due to marriage or other legal reasons.
  6. Bring Originals, Not Copies – Most states require original documents (or certified copies) when applying for a REAL ID.
  7. Check for Enhanced Licenses – Some states offer Enhanced Driver’s Licenses (EDLs), which also serve as REAL ID-compliant identification.
  8. Plan for Extra Processing Time – Even if you apply in advance, processing times can vary. Don’t wait until the last minute.
  9. Spread the Word – Remind family and colleagues, especially those attending the Academy Spring Summit, so they don’t run into travel issues if extending their stay past May 5.
  10. Double-Check Before Your Trip – If you’re unsure about your ID status, confirm with your state’s DMV and review TSA guidelines before heading to the airport.

Don’t Wait – Upgrade Your ID Now

With the deadline approaching, DMVs nationwide will likely experience long wait times as more people rush to get their REAL ID. To avoid last-minute stress, make an appointment at your DMV well in advance of May 7, 2025.

For more information, visit the Department of Homeland Security’s official REAL ID page or check your state’s DMV website.

Are Irrevocable Trusts Really Irrevocable – Part III

When I began practicing law, clients created irrevocable trusts with caution because the trust was then set in stone. Now, clients created irrevocable trusts with more frequency and considerably less caution because changing irrevocable trusts became commonplace. Trusts and Estate practitioners have several mechanisms that allow them to change an irrevocable trust. The first part of this three-part series explored changes to irrevocable trusts using judicial or nonjudicial modification Are Irrevocable Trusts Really Irrevocable – Part I. The second part examined decanting Are Irrevocable Trusts Really Irrevocable – Part II, and this final part in the series reviews the use of a Trust Protector to modify an otherwise irrevocable trust.

While judicial and nonjudicial modification and decanting derive from state law, Trust Protector provisions originate from the trust instrument itself and by extension, from the grantor. The grantor decides which powers to give a Trust Protector. For example, the Trust Protector may possess the power to remove and replace a Trustee or appoint additional Trustees; to direct, consent, or veto investment decisions; to modify the trust in response to changes in tax or state law; to change governing law or situs; to appoint assets to a class of people or charity in a non-fiduciary capacity; to alter beneficial interests in the trust; to modify the trust in response to changes in trust assets; or to turn off grantor trust status. Think about the Trust Protector as someone who fixes a specific issue only and has no input regarding daily trust administration. The Trust Protector has considerable flexibility and provides the Grantor with a means to address and resolve conflict before it occurs. The Trust Protector may also prevent a court proceeding by exercising any of the powers granted to him or her in the trust agreement.

Sometimes documents refer to Trust Protectors as a trust advisor, distribution advisor, or Special Trustee. The powers given, rather than the name used, determine the party’s role as Trust Protector or something else. Trust Protectors have a limited but vital role and maintain the power to adjust the trust in the future, long after the creation of the trust and perhaps, after many generations when the trust needs a quick fix. While the Trust Protector sounds like a panacea for all Trust issues, it’s important to engage an experienced Estate Planning attorney to help avoid unintended consequences and to ensure that the Trust Protector exercises the powers granted appropriately.

The underinformed may think of the Trust Protector as a Trustee, but that’s not the case. Remember that the Trust Protector may not have the same fiduciary duties as the Trustee. State law determines whether Trust Protectors have fiduciary duties. Some states, like Missouri, have statutes that impose fiduciary duties upon the Trust Protector but allow the grantor to override that in the trust instrument. Other states, like Alaska, impose the reverse presumption that a Trust Protector has no fiduciary duties and require the grantor to make the Trust Protector a fiduciary in the governing instrument, if desired. Remember to consider the interplay between the Trustee and the Trust Protector, especially if you intend for the Trustee to take direction from the Trust Protector. Remember too, that the Trust Protector may have the power to name a new Trustee which may or may not align with the grantor’s intent. The Trust Protector may have other powers to amend the trust which state law may not limit. For that reason, the grantor needs to consider this position carefully in consultation with a Trusts and Estate practitioner. Note that it’s possible to provide for appointment of a Trust Protector without naming a specific individual to serve in that role.

As this article demonstrates, Trust Protectors offer yet another way to add flexibility to an irrevocable trust. The Trust Protector allows for adaptation to changing needs, different laws, or even things that no one considered when creating the Trust. Trust Protectors avoid court, do not require the cooperation of the trustee or beneficiaries, and offer quick solutions without significant attorney fees. Trust Protectors may accomplish things that judicial or nonjudicial modification or decanting cannot. Trust Protectors have the powers enumerated in the trust and under state law. With some careful consideration of the Trust Protector’s powers, it’s easy to create an irrevocable trust that will evolve with changing needs.