{"issue_text":"Whether the applicant, as surviving spouse, was entitled to the entire matrimonial home under section 3A of the Deceased Estates Succession Act","issue_type":"mixed","dispositive":"yes","related_facts":"Applicant's residence status at time of death; marital status at time of death"}
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background
Facts of the Case
Background
The applicant, as surviving spouse of the late Robert Ndoro who died intestate, sought to be awarded the entire matrimonial home (House 4 Mimosa, Westview, Kadoma) instead of receiving only a child's share as provided in the first and final distribution account. The first respondent, the deceased's son and executor dative, opposed the application claiming the applicant had separated from the deceased and was no longer living at the property at the time of death.
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