Should my stepchildren have inherited more under French inheritance rules?

Firstly, note that the tontine clause operates outside the French succession, meaning the French property will pass automatically to whomever the deceased entered into the tontine agreement

with, to the absolute exclusion of his children.

To determine the devolution of the UK bank account, we must look to the EU Succession Regulation 650/2012. 

In the absence of a will (or a will making an election for law) the succession will be subject to the law of the deceased’s habitual residence, in this case presumably France. This means

French law (and its forced heirship rules) will apply.

As the UK did not ratify the regulation, a conflict of law arises and it is necessary to consider our private international rules, which state that movable assets are governed by the law of

domicile. 

In this case, the French forced heirship rules would apply to the UK bank account. 

If the deceased left two children, the reserved share would be two thirds, and if he left three or more, the reserved share would be three quarters. 

Read more: Is making a French will the right choice for multiple property owners?

Note that any spouse may also have a right to a share of the UK bank account, subject to the terms of any will.

A lawyer specialising in cross-border work could help with relevant UK procedures, and offer guidance to the notaire.

Depending on the value in the bank account, it might be necessary to obtain the Grant of Representation to release the funds. An application would be needed to the Probate Registry, which

may require an affidavit of foreign law.