75-63-25 - Certain preneed cemetery and funeral contracts overrule conflicting wishes of next of kin; preneed contract providers have right to rely on contract and perform obligations in accordance wi - Mississippi Statutes

§ 75-63-25. Certain preneed cemetery and funeral contracts overrule conflicting wishes of next of kin; preneed contract providers have right to rely on contract and perform obligations in accordance with contract.
 

(1)  Any preneed 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 preneed contract. 

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

Sources: Laws, 2004, ch. 524, § 1, eff from and after July 1, 2004.