One TV's 500 million high school student fell down and died after getting married. "How to divide the 500 million inheritance?" Lawyer Li Yusheng explains legal issues related to inheritance distribution

Interview and report by One TV/Times News reporters Lin Yiwen and Cheng Yixiang

News video link:https://youtu.be/N9Jhu3Gr7Ko

A male high school student named Lai in Taichung fell to his death in a mysterious manner. How to divide the 500 million inheritance after his death has aroused public concern. According to regulations, if the marriage is established, the spouse's scrivener assistant surnamed Xia will be married to the male high school student's mother. Both of them will share an inheritance of 500 million yuan. However, if the scrivener assistant named Xia is later found to be a premeditated murder, the mother will get the inheritance alone. Therefore, whether the whole case was a murder for money will also affect the distribution of the inheritance. .

Taipei Lawyer Recommendation - Legal issues related to inheritance of 500 million high school students

Lawyer Li Yusheng said that if it is later determined that the heir deliberately killed the decedent, then the heir's inheritance rights will be lost according to law, and other heirs will inherit the inheritance.

This case is complicated and confusing, and there may be the following legal situations:
1. The mother of a high school student is indeed married to a Taiwanese person: the mother is the spouse of a Taiwanese and is not subject to the 2 million limit.
2. Assuming that the mother of a high school student has had her marriage annulled by the court, she is no longer the spouse of the Taiwanese people.
(1) According to the current relevant information, the mother’s legal marriage relationship still exists, so she can inherit it.
(2) Assume that the mother’s legal marriage relationship has been extinguished, but the mother has previously obtained a Taiwan residence permit, has given up detention in the mainland according to law, and no longer has a mainland household registration. Now even if the mother’s Taiwan ID card is revoked, he has a mainland household registration. Whether it will be restored immediately depends on the regulations of the mainland, and Taiwan cannot interfere.
(3) Assuming that the mother's household registration in the mainland has not been restored, according to the above regulations, he is not a "resident of the mainland area", so there is no restriction under the cross-strait regulations.
(4) Assuming that the mother is in Taiwan and the legal marriage relationship is revoked, then he is not a Taiwanese spouse. If his mainland residence status is still there (this part of Taiwan is difficult to verify), there will be 2 million limit.

Relevant provisions
Regulations on Relations between the People of the Taiwan Area and the Mainland Area
Article 2
The terms used in this Regulation are defined as follows:
1. Taiwan Region: refers to Taiwan, Penghu, Kinmen, Matsu and other areas within the jurisdiction of the government.
2. Mainland area: refers to the territory of the Republic of China outside the Taiwan area.
3. People of Taiwan Area: refers to people with household registration in Taiwan Area.
4. People of the Mainland Area: refers to people with household registration in the Mainland Area.
Article 67
If the decedent's inheritance in Taiwan is inherited by the people of the Mainland Area in accordance with the law, the total property received by the deceased shall not exceed NT$2 million per person. The excess portion shall belong to the co-heirs in the Taiwan Area; if there is no co-heir in the Taiwan Area, it shall belong to the successor in the later order in the Taiwan Area; if there is no heir in the Taiwan Area, it shall belong to the national treasury.
If the inheritance mentioned in the preceding paragraph has been vested in the national treasury in accordance with the law before the implementation of this Regulation, the provisions of this Regulation shall not apply. If it is temporarily stored in a special custody account in accordance with the law, it shall still be handled in accordance with the provisions of these regulations.
If a testator bequeaths his property in Taiwan to people, legal persons, organizations or other institutions in the Mainland, the total amount shall not exceed NT$2 million.
If there is real estate as the subject matter of the inheritance in Paragraph 1, the inheritance rights of the mainland heirs shall be converted into the value. However, if it is a real estate that is used by the heirs in the Taiwan area to live, the heirs in the mainland area may not inherit it. When determining the portion due to the heirs in the mainland area, its value will not be included in the total amount of the estate.
If a person from the Mainland Area is the spouse of a person from the Taiwan Area, he or she inherits the inheritance or is a legatee in the Taiwan Area, the following provisions shall apply:
1. The restriction that the total amount of Paragraphs 1 and 3 shall not exceed NT$2 million shall not apply.
2. Those who have been allowed to stay for a long time may inherit the inheritance with real estate as the subject matter, and the provisions of the preceding paragraph regarding the conversion of inheritance rights into value shall not apply. However, if the real estate is used by the heirs in the Taiwan area to live in, it cannot be inherited. When determining the portion of the heirs in the mainland area, its value will not be included in the total amount of the estate.
3. If the real estate inherited in the preceding paragraph is the land listed in the first paragraph of Article 17 of the Land Law, the proviso in the second paragraph of the same article shall apply mutatis mutandis.

Home Office Immigration Department website
What are the procedures for a mainland spouse to apply for settlement, naturalization, and obtain an identity card?
1. People from the Mainland Area who are spouses of people from the Taiwan Area who are permitted to reside in the Taiwan Area for a long time and comply with the provisions of Article 17, Item 5 of the Ordinance on Relations between the People of the Taiwan Area and the Mainland Area (i.e., they have legally resided in the Taiwan Area for 2 consecutive years and every year If you have lived in Taiwan for more than 183 days, are of good character and have no criminal record, submit proof of loss of origin, and are in the national interest), you can apply to settle in Taiwan. After approval by the review committee, a settlement certificate will be printed, and a letter will be issued to notify the applicant that you have a long-term residence permit and the mainland If you have a resident travel permit in Taiwan, go to the service station where you originally applied to get your residence permit. Use your residence permit to go to the household registration office to apply for registration and get your identity card. You should also apply to the original place of residence in mainland China to lose your household registration. A notarized certificate will be made and verified by the Straits Exchange Foundation. , and then send it to this department.
2. Please refer to the application instructions webpage for required documents and related regulations.

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