A flu epidemic led to the sudden death of Taiwan, China's first idol drama queen, Taiwan, China actress, singer and host Big S (Xu Xiyuan) at the age of 48 in a foreign country. While lamenting the impermanence of life, the assets she left behind include valuable real estate, entertainment income, endorsement income, and investment returns, totaling approximately 500 million yuan. How to deal with this huge fortune has become a hot topic on the internet. In Taiwan, there are clear and detailed legal provisions for estate distribution, which mainly follow the principles of testamentary inheritance, statutory inheritance, and will priority. This lays the basic guidelines for the distribution of large S estates. Due to the complex family relationships of Da S, they will become an important factor that cannot be ignored in the distribution of inheritance after her death. Since the author did not see the various documents mentioned in the article, such as divorce agreements, wills, purchase contracts, payment vouchers, etc., the author can only obtain partial information and data from various media public reports, combined with professional experience, to conduct preliminary analysis, and further specific analysis based on progress and new facts.

1、 Marriage and Divorce with Wang Xiaofei

In 2010, Da S and Wang Xiaofei fell in love at first sight and quickly registered for marriage at the Chaoyang District Civil Affairs Bureau in Beijing in October 2010. At that time, the news was a hot topic. At that time, Wang Xiaofei was also known as one of the "Four Young Masters of Beijing". The two met five times in just over 40 days from their acquaintance to marriage, much like the plot of an idol drama. However, both parties still walked hand in hand for 10 years and had a son and a daughter. However, in November 2021, Da S filed a lawsuit in a Taiwanese court to divorce Wang Xiaofei. The hot topic of divorce is the division of shared property between both parties and the issue of custody of two common children. According to media reports, the main assets purchased by both parties during their marriage include a luxury mansion worth 600 million Taiwanese dollars under the name of Da S and a "S Hotel" worth 350 million Taiwanese dollars under the name of Wang Xiaofei, totaling 950 million Taiwanese dollars in assets. On November 22, 2021, Da S and Wang Xiaofei officially announced their divorce, and both parties chose to declare through a lawyer that their marriage had been peacefully terminated. The custody of the two children has been given to Big S and they have been living with him in Taiwan ever since, but the issue of property division has not been resolved between the two parties. Nowadays, Big S has passed away, and the two children have lost their mothers. The inheritance of huge wealth and the custody of the two children have become issues of great concern to everyone.

2、 Marriage to South Korean pop star Gu Junye

On November 22, 2021, after Da S and Wang Xiaofei officially announced their divorce, the onlookers had not yet emerged from the hot topic of Da S and Wang Xiaofei's divorce. Subsequently, it was reported that Da S had registered her marriage with her ex boyfriend, Korean singer Ju Junye, whom she had not seen in 20 years, in South Korea on February 8, 2022. The two officially announced that they had completed their marriage registration in Taiwan on March 28, 2022. As early as 2001, they met through a friend's introduction and privately made a lifelong commitment. But due to the ban on love imposed by Ju Junye's company, they eventually broke up. 20 years later, upon learning of the news of Da S's single recovery, Gu Junye immediately contacted her. A month later, they quickly got married without even holding a wedding ceremony, and their wealth and fame were immediately tied together. Now that they have been married for less than three years, will Gu Junye become the biggest beneficiary of Da S's estate after the sudden death of the wealthy woman?

3、 The scope of Da S's inheritance and the issue of property division with his two husbands

1. According to public reports, the two luxury homes left by Big S are particularly eye-catching.

One set is her personal property before marriage, worth about 200 million yuan; The other set is the property purchased by him during his marriage with his ex husband Wang Xiaofei, worth up to 400 million Taiwanese dollars. These properties are now registered under the name of Big S, in addition to numerous deposits, investments, and other movable assets.

(1) In 2009, Da S purchased a property at the National Museum of Art in Taipei, with one floor per household and 124 ping (approximately 400 square meters). At that time, she bought the house for about 200 million New Taiwan dollars (approximately 46 million yuan). With the booming real estate market in Taipei, the value of this property is constantly increasing and has now become a considerable asset. This property was purchased by Da S before his marriage to Wang Xiaofei, and there were no reports of any loans. It is speculated that Da S purchased it in full at that time, and the property should be Da S's personal property, unrelated to Wang Xiaofei!

(2) In 2016, Da S purchased the top floor mansion of "Taipei Xinyi", with a market value of approximately 360 million New Taiwan Dollars (about 83 million RMB). The property was purchased during the period of her marriage with Wang Xiaofei. According to Wang Xiaofei's statement, it was fully owned by her and purchased under the name of Da S. Even if Wang Xiaofei pays the full amount, the property is registered under the name of Big S, and both parties have a 10-year marriage and two common children. Big S has a certain share of the property, and the specific share still needs to be finally confirmed by the court.

(3) In 2011, Da S purchased a property called "Guande Vision" after marriage, but in 2021, Da S sold the property for a total price of NT $247 million (approximately NT $57 million). The property was purchased during the period of their marriage to Wang Xiaofei, and the specific capital contribution is unknown. Although it has been sold by Da S, if there is no special agreement, it is highly likely that the property was jointly purchased by both parties. Even if it has been sold, the sales proceeds should still be the joint property of both parties and need to be divided.

In general, before distributing the inheritance of Da S, it is necessary to first divide the joint property between her and her ex husband Wang Xiaofei during the existence of their marital relationship, and then determine the scope of Da S's inheritance before proceeding with the specific distribution of the inheritance. Although Da S has passed away, the lawsuit between him and Wang Xiaofei can continue by changing the parties involved. Da S's mother, Gu Junye, and two children can all participate in the lawsuit as Da S's first in line heirs. It is uncertain whether these lawsuits will continue to be pursued in the future. Therefore, the issue of Da S's inheritance involves the handling of his relationship with his ex husband Wang Xiaofei, which undoubtedly adds complexity and uncertainty to the entire event.

2. In addition, the marriage between Da S and Gu Junye has been going on for nearly 3 years. During the existence of their marital relationship, it is still necessary to conduct property division on their joint assets.

If Da S signed a prenuptial or marital property agreement with Gu Junye before and after their marriage, the division of their shared property would be relatively simple. Otherwise, the property division between Da S and Gu Junye is not a simple issue. It is necessary to first divide the joint property of the couple according to the provisions of the legal property system during the distribution of the estate, and then inherit and distribute Da S's personal property.

4、 Inheritance without a legally valid will

1. If Da S did not leave a will before her death, or if her will is partially or completely invalid, her estate needs to be inherited according to the principle of statutory inheritance.

In statutory inheritance, spouse, children, and parents belong to the first order of heirs, and the principle is equal distribution. This means that Da S's current husband Gu Junye, two children born to her ex husband Wang Xiaofei, and her mother (whose father passed away in 2012), as the first legal heirs, have legal inheritance rights to her estate. Among them, during the existence of the marriage, the spouse Gu Junye has the right to participate in the distribution of the estate, but due to his relatively short marriage time with Da S, this factor will be considered in the actual distribution of the estate and may be appropriately deducted. Due to their status as the primary heirs, children have equal inheritance rights regardless of age, whether born in or out of wedlock. The two children of Da S will participate in the distribution of the estate together with other first order heirs in the statutory inheritance. And Da S's mother, as her direct elder, is also among the first order heirs and has the right to receive a corresponding share of the inheritance. This inheritance is not only a financial support for the mother, but also a concern for her daughter.

2. In addition, the two children born to Da S and Wang Xiaofei are currently minors, and their inheritance is generally managed by legal guardians.

As the biological father of the children, Wang Xiaofei naturally became the legal guardian of the two children and obtained direct custody of the children according to the laws and regulations of Taiwan after the death of Da S. This means that although Wang Xiaofei, as the ex husband, cannot directly inherit Da S's estate, she can manage and control the inheritance of the two children in the name of their children. However, in the management process, Wang Xiaofei needs to fully consider the interests of the children and can only use this huge inheritance for their education, life, and other aspects, without abuse or encroachment.

5、 Inheritance under the condition of a legally valid will

1. In Taiwan, testamentary inheritance takes priority over statutory inheritance in estate distribution.

If Da S has made a legal and valid will before his death, his estate will be strictly distributed according to the contents of the will. A will is a clear expression of the deceased's intention to dispose of their property after death, and the law generally respects the deceased's personal wishes. If Big S explicitly states in his will that he will leave his own property to his mother or part of his savings to one of his children, then the estate administrator or court will arrange for execution based on this will when distributing the estate. However, even if there is a will, it is necessary to retain the "special share" (established in accordance with Articles 1187 and 1223 of the Civil Code of Taiwan, with the core principle that the will shall not deprive the legal heir of the "minimum inheritance right"; the author will conduct a separate comparative analysis between this provision and the "mandatory share" provision in mainland China, which will not be repeated in this article), in order to protect the basic rights and interests of the legal heir, ensure that they can obtain a certain proportion of the estate, and safeguard their livelihood. From Big S's personality and life experience, it can be seen that she cares for her two children in every way possible. She is likely to focus on the future of her two underage children in her will and designate the majority of her assets to be inherited by her own two children.

2. For the current husband, Gu Junye, if Da S mentions it in his will, he may give a certain amount of property based on their relationship status and their relationship during the marriage.

For example, there may be a portion of savings left to provide Gu Junye with a certain level of security in his daily life; Alternatively, they could leave some items they purchased together after marriage, such as joint digital paintings or the rights to trendy stores, to Gu Junye through a will.

3. And her mother, as an important relative in Big S's life, may also receive corresponding care in her will.

Perhaps there will be a dedicated pension fund or some commemorative property to allow the mother to live a worry free life in her later years.

4. According to media reports, in April 2024, Big S made a will based on his physical condition.

All of her assets are left to her mother and two children, with a total wealth of 1 billion (units). At present, although the family of Big S has not yet responded to and confirmed the online will. But this so-called 'will' is crucial, and I speculate that there is a greater possibility of a will. Because in 2021, Lai Fangyu, a well-known Taiwanese marriage lawyer, handled the divorce lawsuit for Big S. A few days ago, she posted, "Dear, I am so deeply saddened. So deeply saddened. May you have a smooth journey; may you find joy in the hardships of separation from now on.

6、 Guardianship and custody issues of two children

Regarding the custody of the two children, Wang Xiaofei does not need to argue at all. According to the laws and regulations in Taiwan, as the biological father of the two children, Wang Xiaofei will naturally become the legal guardian of the two underage children after her mother's death.

In other words, Wang Xiaofei can decide whether to keep or leave her two children in the future. Previously, the biggest conflict between him and Big S was whether the two children could return to Beijing. Big S was worried that the children would not be able to come back after returning to Beijing and had not agreed. Wang Xiaofei's children have been settling in Taipei with Big S since their divorce, but after Big S's sudden death, the children no longer have a mother, so Wang Xiaofei can naturally take the children away. After divorce, even if it was originally agreed that one party would exercise custody, if the party exercising custody passes away, the custody of the child will be transferred to the surviving party. In the case of Da S, after her passing, the custody of the two children will be legally transferred to Wang Xiaofei. Even if Big S designates a guardian in the will, it is useless because according to relevant laws, only the deceased father or mother can designate a guardian in the will. Although Da S remarried Gu Junye, the two children have a biological father named Wang Xiaofei. Legally, Gu Junye is only related to the children by marriage. Although according to relevant laws and regulations in Taiwan, the parents or other close relatives of the deceased party can apply to the court to seek custody of their child, apply for a change in custody, and compete for custody of the child through the principle of "minimum change" and "the will of the minor child". But this move has little chance of winning, unless Wang Xiaofei voluntarily compromises, otherwise this lawsuit is not easy to be supported by the court unless requested.

7、 Prediction of future developments

According to media reports, as soon as Wang Xiaofei heard the news of Da S's death, she immediately bought the latest flight from Thailand to Taiwan. However, when Wang Xiaofei appeared in public this time, he was accompanied by his current wife. It's a bit interesting to bring the current to attend the funeral of the former, probably for custody purposes! Because Big S's inheritance has nothing to do with him anymore. But if Wang Xiaofei can win the custody of two children, she can become the manager of a huge wealth, so the custody of the two children becomes a "must fight" reason! Although Wang Xiaofei did not explicitly state her intention to divide the inheritance, it is estimated that she will strive for maximum benefits in the name of her two children in the future.

From a human perspective, as the legal guardian of two children, Wang Xiaofei inevitably leads people to speculate whether he will use this identity to seek benefits for himself in the process of managing the inheritance inherited by the children. Da S's family may be concerned that Wang Xiaofei may not be able to manage her estate properly (after all, Wang Xiaofei is now remarried!), which could harm the interests of her children. They may demand trust or other regulatory arrangements for the inheritance of the two children to ensure that the estate left by Da S can truly be used for their growth and education. And Wang Xiaofei may believe that as a father, she has the right to independently manage her child's estate, which could lead to a series of legal disputes and make the process of estate distribution full of twists and turns and suspense.

In the inheritance distribution of Big S, Big S's mother may express her own opinions in the inheritance distribution out of love for her daughter and concern for the future of her grandchildren; As the younger sister of Big S, Xiao S may also participate in related affairs during the inheritance distribution process in order to maintain the interests and family ties of the family. Once the will is confirmed, if Gu Junye has any objections to the distribution of the estate, it cannot be ruled out that it may trigger a series of other legal disputes.

These emotional factors, intertwined with legal provisions, wills, property disputes, and other factors, make the distribution of Da S's estate full of huge disputes and uncertainties. In addition, Da S had an unresolved lawsuit with Wang Xiaofei before her death, and now with her passing, the public is concerned whether Wang Xiaofei will end her lawsuit with her ex-wife early. However, regardless of the final outcome, the distribution of Da S's estate will be a complex and sensitive issue. This process is not only lengthy but also full of various variables. In the future, the author will conduct further legal analysis based on the development of the matter!