House Bill 1230

AN ACT TO PROVIDE THAT A DECEDENT'S DIRECTIONS IN A FULLY FUNDED PRENEED CONTRACT OVERRULE CONFLICTING WISHES OF NEXT OF KIN AND SURVIVING HEIRS; TO PROVIDE THAT THE CONTRACT PROVIDER HAS THE RIGHT TO RELY ON THE PRENEED CONTRACT; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) Unless a compelling public interest makes it impossible to comply with a decedent's directions in a preneed contract, and the decedent did not make conflicting provisions regarding funeral matters in a subsequently executed last will and testament, a preneed contract executed by the decedent for his own arrangements and fully funded, overrules, following the decedent's death, the conflicting wishes of the decedent's next of kin and surviving heirs at law.

(2) The provisions of this section shall not prevent the decedent's next of kin or surviving heirs at law from, at their own expense, pursuing reasonable services and making reasonable arrangements that do not conflict with the decedent's directions in a preneed contract.

(3) A contract provider shall have the right to rely on the preneed contract and perform its obligations in accordance with the preneed contract. There shall be no liability for a contract provider that in good faith performs its obligations pursuant to the preneed contract, provided the preneed contract is in compliance with Section 75-63-51 et seq. and rules promulgated thereunder.

SECTION 2. This act shall take effect and be in force from and after July 1, 2004.