Emily West
Emily West is a Director in our Trusts & Estates Law practice. She specialises in cross-border estate planning and administration of deceased estates, including related tax consequences both locally and abroad. She has experience drafting wills for various jurisdictions and providing ancillary advice thereon.
As a Notary Public, Emily is able to execute antenuptial contracts and legally authenticate documents for use locally and abroad. She is also able to attend to administrator applications with the Master of the High Court or advise regarding curator applications in respect of individuals who are unable to manage their affairs.
She has various trust law expertise, including the creation of local trusts and providing ancillary advice in respect thereof, consideration of offshore trust structures and associated advice from a South African law perspective, and the administration of both local and offshore trusts. Emily's particular interest lies in the creation of local trusts, including Sharia compliant trusts and public benefit organisation trusts, the latter of which hold significant value in the mining and minerals sector. Additionally, she provides valuable insight from a trust law perspective with regards to corporate trusts, including BBBEE trusts and employee share incentive scheme trusts. She is also able to provide bespoke training to trustees and corporate administrators to ensure compliance with the relevant trust documentation and legislation.
About Emily
Emily joined Cliffe Dekker Hofmeyr as a Candidate Attorney in January 2015 and has gained experience in the following practice areas – Dispute Resolution; Trusts & Estates; Real Estate and Corporate & Commercial. She was appointed as an Associate in 2017 and was promoted to Senior Associate in 2020. Emily was appointed Director in 2024.
Emily is part of the Trusts & Estates practice which was recently ranked in Band 1 for Private Wealth Law in Chambers Global 2024.
Areas of expertise
Experience
Worldwide personal estate/succession planning, including related tax considerations
Administration of South African and foreign deceased estates
Registration of deceased estates for income tax purposes, filing relevant pre- and post-death income tax returns drafting/reviewing of local and offshore wills
Administrator applications to the Master of the High Court and advice regarding curator applications
Drafting and registration of antenuptial contracts
Legal authentication of documents for use locally or abroad
Drafting/reviewing and registration/termination of family and PBO/NPO trusts
Institution of claims against deceased estates and the filing of objections against liquidation and distribution accounts and general advice on the above areas
Credentials
Education
- LLB, University of Kwa-Zulu Natal
- Year of Admission as Attorney and Notary Public: 2017
- Registered with the Legal Practice Council
- Registered as a tax practitioner: 2021
Memberships
- Member of The South African Institute of Taxation
LANGUAGES
- English
News
Conclusion of a compromise with a creditor of a deceased estate requires explicit agreement
The case of FirstRand Bank Limited v Lourina Wilson NO and Another (373/2024) 149 (10 October 2025) dealt with an appeal to the Supreme Court of Appeal (SCA) which overturned the High...
National Wills Week: Take control of your estate
National Wills Week takes place on 15 – 19 September 2025. Many people underestimate the importance of a properly drafted will until it’s too late.
Safeguarding your legacy: Estate planning for directors and professionals
In the dynamic South African economic landscape, directors and professionals often dedicate their lives to building successful companies and thriving careers. However, a crucial aspect...
A cautionary tale for well intentioned ‘community trusts’
Trusts are created by corporates for various reasons, including to promote Black economic empowerment initiatives, create employee share incentive schemes, and extend a corporate’s...
Emily sits down with Gretchen to discuss a critical yet often overlooked topic: Estate planning for women-owned businesses in SA
Join Trusts & Estates practice Director, Emily West as she sits down with Practice Head, Gretchen Barkhuizen-Barbosa to discuss a critical yet often overlooked topic: Estate Planning...
Estate Planning for women-owned businesses
Join Trusts & Estates practice Director, Emily West as she sits down with Practice Head, Gretchen Barkhuizen-Barbosa to discuss a critical yet often overlooked topic: Estate Planning...
Exploring the Trusts & Estates Practice
Director and Head of the Trusts & Estates Practice Gretchen Barkhuizen-Barbosa, together with Senior Associate Emily West on CDH Conversations podcast.
Recent amendments to South Africa’s trust and non-profit organisation legislation in response to the Financial Action Task Force greylisting: Part two
Part one of this series ( which you can read here ) dealt with the amendments that are relevant to non-profit organisations. As alluded to in that article, the General Laws (Anti Money...
Trusts: Now an administrative nightmare?
South Africa’s recent greylisting has necessitated urgent changes to inter alia the Trust Property Control Act 57 of 1988 (Act). Amendments have been made to sections 1, 6, 8, 10,...
Are endowments all that they’re trumped up to be? - An estate duty consideration
In terms of section 1 of the Long-Term Insurance Act 52 of 1998 (LTI Act), a “life policy” is defined as “a contract in terms of which a person, in return for a premium, undertakes...
Duties of Trustees
The role of a trustee is important. Not only is the trustee responsible for managing the trust in line with the law, but there are duties and obligations which must be complied with,...
Planning for death: File your life - today, not tomorrow
Our world is vastly different – more so than most could have imagined before this pandemic. We face a stark reality – increased deaths and uncertain futures; the stress of the unknown,...
Update: Services of the Master during lockdown Level 4
The Master of the High Court (Master) has updated its service offering under the reduced Level 4 lockdown currently implemented in South Africa.
Services of the Master of the High Court during lockdown
After declaration of a national lockdown, now extended to the end of April, only essential services, as defined, are permitted to continue operating, albeit subject to certain restrictions...
Execution of a will during lockdown
The COVID-19 outbreak has created a climate of uncertainty in many aspects of life. Unfortunately, there is no one perfect time to consider your demise, but amidst a deadly global...
Recognition of Customary Marriages Amendment Bill: Matrimonial property regimes applicable to customary, polygynous marriages
On 24 July 2019, Cabinet approved submission of the Draft Recognition of Customary Marriages Amendment Bill of 2019 (Draft Bill) to Parliament. The Draft Bill seeks to amend certain...
Overview of the firm’s 2018 Pro Bono contribution
The Pro Bono & Human Rights Practice (the Pro Bono Practice) is proud to report that during what was a particularly successful and productive year, collectively Cliffe Dekker Hofmeyr...
Wills and estates planning pro bono workshop
On 10 July 2018, CDH’s Pro Bono & Human Rights and Trusts & Estates practices collaborated with Pro Bono.Org to present a wills and estates planning workshop at the Ekurhuleni Council...
Can a mortgage bond secure a claim for enrichment where the underlying loan agreement is invalid?
The facts of the Panamo Properties 103 (Pty) Ltd v Land and Agricultural Development Bank of South Africa 2016 (1) SA 202 (SCA) are, at first, quite run-of-the-mill: Land and Agricultural...
Conclusion of a compromise with a creditor of a deceased estate requires explicit agreement
The case of FirstRand Bank Limited v Lourina Wilson NO and Another (373/2024) 149 (10 October 2025) dealt with an appeal to the Supreme Court of Appeal (SCA) which overturned the High...
Safeguarding your legacy: Estate planning for directors and professionals
In the dynamic South African economic landscape, directors and professionals often dedicate their lives to building successful companies and thriving careers. However, a crucial aspect...
A cautionary tale for well intentioned ‘community trusts’
Trusts are created by corporates for various reasons, including to promote Black economic empowerment initiatives, create employee share incentive schemes, and extend a corporate’s...
Recent amendments to South Africa’s trust and non-profit organisation legislation in response to the Financial Action Task Force greylisting: Part two
Part one of this series ( which you can read here ) dealt with the amendments that are relevant to non-profit organisations. As alluded to in that article, the General Laws (Anti Money...
Trusts: Now an administrative nightmare?
South Africa’s recent greylisting has necessitated urgent changes to inter alia the Trust Property Control Act 57 of 1988 (Act). Amendments have been made to sections 1, 6, 8, 10,...
Are endowments all that they’re trumped up to be? - An estate duty consideration
In terms of section 1 of the Long-Term Insurance Act 52 of 1998 (LTI Act), a “life policy” is defined as “a contract in terms of which a person, in return for a premium, undertakes...
Duties of Trustees
The role of a trustee is important. Not only is the trustee responsible for managing the trust in line with the law, but there are duties and obligations which must be complied with,...
Planning for death: File your life - today, not tomorrow
Our world is vastly different – more so than most could have imagined before this pandemic. We face a stark reality – increased deaths and uncertain futures; the stress of the unknown,...
Update: Services of the Master during lockdown Level 4
The Master of the High Court (Master) has updated its service offering under the reduced Level 4 lockdown currently implemented in South Africa.
Services of the Master of the High Court during lockdown
After declaration of a national lockdown, now extended to the end of April, only essential services, as defined, are permitted to continue operating, albeit subject to certain restrictions...
Execution of a will during lockdown
The COVID-19 outbreak has created a climate of uncertainty in many aspects of life. Unfortunately, there is no one perfect time to consider your demise, but amidst a deadly global...
Recognition of Customary Marriages Amendment Bill: Matrimonial property regimes applicable to customary, polygynous marriages
On 24 July 2019, Cabinet approved submission of the Draft Recognition of Customary Marriages Amendment Bill of 2019 (Draft Bill) to Parliament. The Draft Bill seeks to amend certain...
Overview of the firm’s 2018 Pro Bono contribution
The Pro Bono & Human Rights Practice (the Pro Bono Practice) is proud to report that during what was a particularly successful and productive year, collectively Cliffe Dekker Hofmeyr...
Wills and estates planning pro bono workshop
On 10 July 2018, CDH’s Pro Bono & Human Rights and Trusts & Estates practices collaborated with Pro Bono.Org to present a wills and estates planning workshop at the Ekurhuleni Council...
Can a mortgage bond secure a claim for enrichment where the underlying loan agreement is invalid?
The facts of the Panamo Properties 103 (Pty) Ltd v Land and Agricultural Development Bank of South Africa 2016 (1) SA 202 (SCA) are, at first, quite run-of-the-mill: Land and Agricultural...
National Wills Week: Take control of your estate
National Wills Week takes place on 15 – 19 September 2025. Many people underestimate the importance of a properly drafted will until it’s too late.
Estate Planning for women-owned businesses
Join Trusts & Estates practice Director, Emily West as she sits down with Practice Head, Gretchen Barkhuizen-Barbosa to discuss a critical yet often overlooked topic: Estate Planning...
Exploring the Trusts & Estates Practice
Director and Head of the Trusts & Estates Practice Gretchen Barkhuizen-Barbosa, together with Senior Associate Emily West on CDH Conversations podcast.