ATTENTION – THIS IS AN AUTOMATIC TRANSLATION from Polish
In its judgment of January 29, 2026, file reference II SA/Ol 710/25, the Provincial Administrative Court in Olsztyn addressed the impact of separation and the exclusion of a spouse from inheritance on the right to a death benefit after the death of a deceased professional soldier.
Pursuant to Article 462, Section 2 of the Act on the Defense of the Homeland, death benefits are payable first to the spouse, and only in the absence of a spouse, to children and other family members. This list is exhaustive, and the administrative authority is bound by the provision and cannot be guided by considerations of equity or examine fault in the breakdown of the marital relationship. This means that de facto separation or the lack of a shared household do not deprive a spouse of priority for the benefit.
However, the court indicated that the interpretation of this provision cannot be divorced from the regulations of inheritance law. In this case, the deceased's spouse was legally excluded from inheritance pursuant to Article 940 § 1 of the Civil Code. The effect of such a ruling is retroactive (ex tunc) and results in the spouse being treated as if they had not lived to see the inheritance open.
The Regional Administrative Court found that although a death benefit does not constitute an element of the estate in the strict sense, as a property right of a special nature, it cannot be granted to a person excluded from inheritance. Consequently, the circle of entitled persons should be determined taking into account the effects of the civil court's judgment.
The ruling confirms that separation itself does not exclude a spouse's right to such benefits, but legally excluding them from inheritance may lead to a loss of priority and open the way for the deceased's children or other family members to acquire the right to the benefit. The ruling is not final