The phrase "irrevocable trust" seems final—like something set in stone. However, recent news from Rupert Murdoch’s media empire reveals that, in some cases, even an irrevocable trust can be challenged. Despite an ironclad legal structure, Murdoch’s attempt to change the future of his company sheds light on how complex trusts can be.
An irrevocable trust is a legal document that transfers assets out of a person’s control during their lifetime. Once assets are placed in an irrevocable trust, the person who created the trust—called the grantor—cannot usually change or cancel it. This is why many people think of an irrevocable trust as untouchable. But, as Murdoch’s case shows, it might not be entirely unchangeable.
In most cases, an irrevocable trust is not meant to be altered. It protects assets from creditors, taxes and even lawsuits. For example, it can help ensure that your children or other beneficiaries receive what you intend without interference.
According to the University of Melbourne, legal loopholes, specific clauses in the trust, or actions in "good faith" can sometimes allow a trust to be amended. Murdoch is attempting to rewrite his irrevocable family trust to keep control in his son’s hands, even after his death. Although this type of move is rare, it raises the question of how much power a grantor has over an irrevocable trust.
There are several reasons someone might want to alter an irrevocable trust:
In his situation, Murdoch’s legal team will argue that changing the trust is in the best interest of his heirs. The court must then decide if this reasoning is valid. While his case involves a massive business empire, the same basic principles apply to more typical family situations. If a family member can show that changing the trust benefits all parties, a court may allow the modification.
You must talk to an estate planning lawyer if you’re wondering whether you can change your irrevocable trust. A lawyer will review the trust’s language and determine if there are any ways to alter it legally. They will also explain how state laws may impact your ability to revoke or change a trust.
If the trust cannot be changed, the original terms will stand. This can be both a blessing and a curse. For example, in the Murdoch case, his other children may feel upset that they don’t have the same control as their brother.
In your family, the inability to change a trust could mean family members feel left out or unfairly treated. For this reason, it’s essential to plan carefully when creating an irrevocable trust. You’ll want to ensure that your intentions are clear and your family understands your wishes.
The story of Rupert Murdoch’s succession plan highlights how estate planning decisions can impact a family for generations. If you’re considering setting up an irrevocable trust—or want to know if you can change an existing one—it’s time to talk to an estate planning lawyer.
We’re here to help you navigate these complex decisions. Contact us today to request a consultation and start creating a plan that works for your family’s future.
Legacy One Law Firm, APLC is an estate planning law firm in Los Angeles, California, serving families throughout the State. Schedule a quick and easy consultation with our estate planning attorney, Sedric E. Collins, Esq., or call 323-900-5450.
