Victorian Consolidated Legislation

Funerals Act 2006 - SECT 35

Termination of pre-paid funeral contract by purchaser

35. Termination of pre-paid funeral contract by purchaser



(1) A party to a pre-paid funeral contract (other than a funeral provider) or
the legal personal representative of that party may terminate that contract at
any time before the death of the person in respect of whom a funeral is to be
supplied under that contract if-

   (a)  the funeral provider fails to comply with section 28, 29 or 30; or

   (b)  the service will not be supplied because the funeral provider has
        ceased to carry on the business of supplying or arranging the supply
        of services of that kind; or

   (c)  he or she is otherwise entitled under the contract to terminate the
        contract.

(2) The legal personal representative of a person in respect of whom a funeral
service is to be supplied under a pre-paid funeral contract may terminate the
contract at any time on or after the death of the person and before the
funeral service is supplied under that contract if-

   (a)  the funeral provider was unable or unwilling to supply or arrange the
        supply of the funeral service when it was required; or

   (b)  a funeral service had been supplied in respect of the person but was
        not supplied under that contract and section 31(2) does not apply to
        the provision of that funeral service; or

   (c)  the legal personal representative is otherwise entitled under the
        contract to terminate the contract.

(3) A contract may be terminated under subsection (1) or (2) by notice in
writing served on the funeral provider.