Senate Bill 2599

(As Passed the Senate)

AN ACT TO PROVIDE THAT CERTAIN PRE-NEED CEMETERY AND FUNERAL CONTRACTS OVERRULE THE CONFLICTING WISHES OF THE DECEDENT'S NEXT OF KIN; TO PROVIDE THAT CONTRACT PROVIDERS SHALL HAVE THE RIGHT TO RELY ON THE PRE-NEED CONTRACT AND PERFORM ITS OBLIGATIONS; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) Any pre-need contract which is executed by the decedent for his own arrangements and is fully funded overrules, following the decedent's death, the conflicting wishes of the decedent's next of kin, unless a compelling public interest makes it impossible to comply with a decedent's directions in a pre-need contract or the decedent did not make conflicting provisions regarding funeral matters in a subsequently executed last will and testament.

(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 pre-need contract.

(3) All contract providers shall have the right to rely on the pre-need contract and perform obligations in accordance with the pre-need contract. There shall be no liability for any contract provider who in good faith performs his obligations pursuant to the pre-need contract, provided the pre-need contract is in compliance with Section 75-63-51 et seq. and any rules promulgated thereunder.

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