Cancellation of Pre-need Funeral Contracts

(1) Any Buyer of a Pre-need Funeral Contract may cancel that contract and receive a full refund of all monies paid connected with that contract, without penalty, at any time within ten days after signing said contract. After the expiration of this ten-day "cooling off period" a Pre-need Funeral Contract may be canceled in accordance with 239 CMR 4.07(3). (2) Where an application by the Buyer or contract Beneficiary of a Pre-need Funeral Contract for government benefits is pending, the Buyer may waive his or her right to cancel said contract within this ten-day "cooling off" period, but only by signing a written waiver of that right. Said waiver shall not affect the Buyer's right to transfer that Pre-need Funeral Contract pursuant to 239 CMR 4.06. (3) If a Pre-need Funeral Contract was Revocable at the time it was originally created, the Buyer who signed that Pre-need Funeral Contract, or his or her legal representative, may cancel that Pre-need Funeral Contract at any time after the expiration of the ten-day "cooling off" period specified in 239 CMR 4.07(1) by sending written notice of such cancellation, via certified mail, return receipt requested, to the Licensed Funeral Establishment. (a) If a Funeral Trust Account has been established to fund that Pre-need Funeral Contract, the funeral establishment shall forward a copy of said notice of cancellation to the named Trustee of said Funeral Trust Account, and take all steps necessary to ensure that all funds contained in that Funeral Trust Account are refunded to the Buyer, without penalty, within ten days after the notice of cancellation is received by the Trustee of the Funeral Trust Account. (b) If a Pre-need Insurance Policy or Annuity was purchased to fund that Pre-need Funeral Contract, the Licensed Funeral Establishment shall forward a copy of the notice of cancellation of that Pre-need Funeral Contract to the insurance company which issued the Pre-need Insurance Policy or Annuity. (4) If a Pre-need Funeral Contract was Irrevocable at the time it was originally created, such a contract shall not be cancelled by either party except by order of a court of competent jurisdiction. Such a contract may, however, be transferred to another Licensed Funeral Establishment in accordance with 239 CMR 4.06. (5) No Licensed Funeral Establishment, or agent or employee thereof, shall impose any surcharge, fee or other penalty (monetary or otherwise) upon any person who seeks to exercise his or her rights to cancel a Pre-need Funeral Contract under 239 CMR 4.07.