I believe that wills are binding so long as they don't require something be done that was illegal. Unlike some other southern states manumission was not illegal in Virginia. However, the freed slaves had 12 months in which to leave Virginia or else they could be sold into slavery again. No doubt that was the reason why Lee paid passage for some of his former slaves back in the 1840's or 50's.
"I believe that wills are binding so long as they don't require something be done that was illegal."
So, then, Lee couldn't have freed those slaves earlier than the five years stipulated in the will?