Bequeathing items in a Will

[Whoever]

I have inherited one or two items of jewellery which may be valuable. . I would like to hang onto them in case we need to sell them for extra cash in our old age, but otherwise I would like to bequeath them to a niece. I'll be getting a Will drawn up professionally but if it was worded in roughly the following way, would my husband still be able to keep them if needed?
"If my husband xxx does not want my jewellery for his own purposes, I bequeath it to my niece named XXX.

[buildersmate]

Since you are saying you intend to have the Will drawn up professionally anyway, I would let the solicitor worry about the specific wording. That's what he's/she's being paid to do.

[Buenchico]

I used to write wills for a living and I know that the inclusion of any 'provisional' clauses in a will can create all sorts of problems.

If I was asked to draft your will, I'd be reaching for the reference books in a quest to find the best possible wording. My first thoughts though are that you shouldn't actually bequeath the jewellery to your husband (unless you simply tell him that you'd like the jewellery to go your niece if he doesn't want to hold onto it, or to sell it). It would be better to simply give him the right to claim the jewellery, roughly along the lines of the following:

"I grant to my husband, John Albert Smith, the right to claim title to any or all of such items of jewellery as I may own at the time of my death. Should my husband, John Albert Smith, decline to claim title to any or all of such items, title in any unclaimed items shall pass to my niece, Brenda Jayne Parkin, of 42 Acacia Avenue, Littlehampton".

NB: That's very much a first draft but it's a (very rough) guide to the type of wording that a solicitor might consider if it meets with your needs.

Chris

[Whoever]

Thank you. Very helpful response.

[FrankGalvin]

That's actually a pretty good draft if I may say so, Chris. The object of the exercise is to be concise, precise, and be as unambiguous as possible.