When referring to a specific person or a specific document or a specific title associated with a specific named entity, we capitalize the term. Examples:
(1) If we are referring to a specific living human being (with a name and birth date) or group of people known and recognized with a specific formal title, then the title is capitalized:
"John Doe (‘Grantor’) is a nice guy; the Grantor is good looking too." "John Doe ("Original Trustee") is a nice guy; the Original Trustee is smart too."
"Paula Caroppoli, Transfer Agent at American Stock and Transfer Company ("ASTC") is an experienced transfer agent." The term "Transfer Agent" as associated with Paula Caroppoli is a specific title associated with a specific person, but notice the generic reference to transfer agents is in the lower case.
"The President appoints judges with the advice and consent of the Senate."
(2) But general references to classes of people using some title, where (a) the specific members of the class may change and (b) where the title of the class could refer in society and culture to any number of different people in different organizations at different times and (c) where the title is not widely recognized as referring to a specific organization or specific group of people are referred to in lower case.
"The trustees must follow the terms of the distribution articles."
"The beneficiaries must not complain."
"The primary beneficiaries are my children."
"The qualified beneficiaries may vote."
"The Grantor conveys assets to the primary beneficiaries."
"The living presidents of the United States are protected by the Secret Service."
"A grantor is a person who grants or transfers assets to a trust."
"A decedent is a person who has died" (versus "The Decedent died on January 10, 2010").
(1) If we are referring to a specific trust:
"The John Doe Trust." Then each time we use the word "trust" in reference to The John Doe Trust, we capitalize the word. The specific document must be capitalized to distinguish it from other documents and the general use of the term.
(2) Specific titles or headings are capitalized:
"The Process is important."
"The terms of the Special Distribution article must be followed."
"The IRS requires Form 706 be filed within nine months of a decedent’s death."
(3) Adjectives and verbs are lower case, even though the adjectives or verbs may carry specific and weighty meanings defined in the Trust Agreement:
"The beneficiaries can claim."
"The adult primary beneficiary must be responsible."
"My minor children who can claim may be qualified beneficiaries."
"The terms of the Special Distributions article must be followed."
"The distribution articles must be followed."
(4) General terms are lowercased:
"A spendthrift trust protects Trust assets."
"The trustees must apportion Trust assets to the credit shelter trust and marital deduction trust."
"A trust is an entity."
In our website, we may specifically capitalize certain terms that have specific meanings for us at Hughes Estate Group or that we want to emphasize. For example: "Transfer Work" or "Consultations."