By Nancy Thio and Boo Kok Chuon
The recent passing of Barbie Hsu (徐熙媛, 大 S) has sparked discussions about inheritance and guardianship when a parent of minor children passes away. Hsu, a well-known Taiwanese actress, had two children from her previous marriage to Wang Xiaofei (汪小菲). After their divorce, they agreed to joint custody of their children, meaning both parents had a legal responsibility for their upbringing. In 2022, Hsu remarried Goo Jun-yeop (具俊晔, DJ Koo), but he did not adopt her children.
With her passing, key legal questions arise: Who will be the children’s legal guardian? Who will manage their inheritance? If she died without a will, how would her estate be distributed? While this issue is currently debated under Taiwan’s legal framework, this article explores how Singapore law would apply in a similar scenario.
Guardianship of Minor Children in Singapore
1. Custody Agreement Between Barbie Hsu and Wang Xiaofei
When Barbie Hsu and Wang Xiaofei divorced in November 2021, they agreed to joint custody of their two children. Reports indicate that this was formalized through mediation, ensuring that both parents retained legal responsibility for their children. However, Barbie had primary care and control, meaning the children primarily lived with her, while Wang retained visitation and decision-making rights.
In a co-parenting arrangement, when one parent passes away, the surviving parent generally assumes full custody. This means that Wang Xiaofei, as the surviving biological parent, would automatically become the children’s sole guardian.
2. How Singapore Law Handles Guardianship After a Co-Parent’s Death
Under Singapore’s Guardianship of Infants Act (GIA, Cap. 122), Section 6(1) states that if a child’s surviving parent already has legal guardianship, they automatically assume full guardianship unless a court decides otherwise.
Since Wang Xiaofei was already a co-guardian under their divorce agreement, he would become the sole guardian upon Barbie’s death. No additional court application would be required unless a third party challenges his guardianship.
However, challenges could arise if:
- Barbie had appointed another guardian in her will (e.g., Goo Jun-yeop).
- Barbie’s family or another party challenges Wang’s guardianship, arguing that he is unfit.
If a legal dispute arose, the court would decide based on the children’s best interests under Section 3 of the GIA.
3. Can Goo Jun-yeop (DJ Koo) Apply for Guardianship?
Although Goo Jun-yeop was Barbie Hsu’s husband at the time of her death, he did not adopt her children. Therefore, under Singapore law, he has no automatic claim to guardianship.
However, Section 5 of the GIA allows a non-parent to apply for guardianship if they can prove that:
- The surviving biological parent (Wang Xiaofei) is unfit to care for the children.
- It is in the children’s best interests to remain with the stepfather (Goo Jun-yeop).
This is a high bar to clear, as courts in Singapore prioritize biological parents over step-parents unless there is clear evidence of neglect, abuse, or incapacity.
4. Can Barbie’s Family Contest Wang Xiaofei’s Guardianship?
If Barbie Hsu’s family (e.g., her mother or sister, 小S 徐熙娣) believes Wang Xiaofei is unfit to raise the children, they can challenge his guardianship.
Under Section 3 of the GIA, a guardian can be removed or replaced if there is evidence that they are unable or unfit to care for the child. The court may consider:
- Neglect or abandonment—if Wang has not been actively involved in the children’s lives.
- Financial instability—if he cannot provide for their well-being.
- Domestic instability—if his household is unsafe for the children.
If such a challenge is successful, the court may appoint a neutral third-party guardian (such as a relative or legal professional) to oversee the children’s welfare.
Inheritance Laws in Singapore: Who Gets What?
If a person dies without a will (intestate), the Intestate Succession Act (ISA, Cap. 146) applies. Section 7 of the ISA dictates the order of inheritance:
- Spouse gets 50% of the estate.
- Children share the remaining 50% equally.
Applying this to Barbie Hsu’s case:
- Goo Jun-yeop (具俊晔, DJ Koo) would inherit 50% of her estate.
- Her two minor children would each receive 25%.
- Wang Xiaofei (汪小菲) would receive nothing, as ex-spouses do not inherit under the ISA.
Because the children are minors, their inheritance would be held in trust until they turn 21 years old, as per Section 35 of the Trustees Act (Cap. 337).
Conclusion: Ensuring a Child’s Future Through Proper Planning
Barbie Hsu’s passing brings up complex legal questions about guardianship and inheritance. Under Singapore law, the surviving biological parent (Wang Xiaofei) would automatically gain full guardianship, and step-parents have no automatic claim unless they legally adopt the children.
A well-structured estate plan, including a clear will and trust, can prevent legal uncertainty and protect a child’s future. As this case shows, estate planning is not just about money—it is about securing the well-being of loved ones.
However, having a will is only as effective as its clarity and legal precision. Poorly drafted wills can lead to inheritance disputes, legal challenges, and unintended outcomes. It is crucial to ensure that a will is drafted by a qualified legal professional who understands the complexities of estate law. As discussed in this article, even a million-dollar inheritance can be lost due to a poorly written will.
To protect your loved ones and avoid unnecessary legal battles, seek professional legal advice when drafting your estate plan. A well-prepared will not only ensures your wishes are honored but also safeguards the future of those you care about most.