Tennessee Funeral Service Laws Rules & Regulations (LRR) Practice Exam

Which courts can declare a pre-need agreement to be irrevocable?

1. Federal courts

2. Circuit courts

3. General Sessions courts

4. Chancery courts

The correct answer is: Circuit courts

The declaration of a pre-need agreement as irrevocable is primarily a function of state laws governing such agreements. In Tennessee, the appropriate court to handle these declarations is the Circuit Court. Circuit courts generally have broad jurisdiction and can address a wide variety of civil matters, including issues related to estates, trusts, and contracts, which encompasses pre-need agreements. In this context, the Circuit Court is empowered to review the specifics of a pre-need agreement, make determinations about its validity, and declare it irrevocable when the legal criteria for such a declaration are met. This authority helps to protect the interests of all parties involved, ensuring that the stipulations set forth in pre-need agreements are honored as intended. While other types of courts exist, such as Federal courts or General Sessions courts, their jurisdiction typically does not extend to matters of state contract law such as irrevocability of pre-need agreements. Chancery courts specialize more in equity matters rather than the straightforward enforcement of contracts. Therefore, the Circuit Court is the correct jurisdiction in this context for declaring pre-need agreements irrevocable.