What to do about instructions in a Will?

UPDATED: Mar 16, 2011

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What to do about instructions in a Will?

A holographic Will states: “I appoint my father, (name), as the executor for my estate. I give my entire estate to my parents, (names). Mom/Dad, please see that my girlfriend (name) receives my house. I would also like her to get my 401(k) and stock. Also, set aside money (at least $60k each) for college tuition for both (names) kids.” Presuming that the holographic Will is accepted as valid, would the named executor be required to follow all instructions for distribution, which follow the initial gift to the executor father and his wife?

Asked on March 16, 2011 under Estate Planning, North Carolina


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

A holographic Will is valid if it is signed, dated and completely in the handwriting of the testator (person who wrote the Will for himself/herself).  Assuming that it is valid, the instructions would have to be followed in order to comply with its provisions.  The executor would have to comply with the provisions set forth in the Will.

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