Aviles

*488 In this case of first impression, we apply newly enacted Probate Code section 21310. If, in theory, this could lead to a debatable result, so be it. There is no "play in the joints" in probate law, as Chief Justice Rehnquist would say. We "strictly" follow probate law as given to us by the Legislature. ( Estate of Shellenbarger (2008) 169 Cal.App.4th 894 , 896, 86 Cal.Rptr.3d 862 .)

Tracy J. Swearingen appeals from an order denying her petition to enforce a no contest clause and disinherit Jose Francisco Aviles as a trust beneficiary of the Margaret B. Chappell Living Trust. The trial court found that the trust Third Amendment and Restatement (hereafter Third Amendment), which contains general language of incorporation of a prior trust amendment, did not specifically refer to a no contest clause. It also found that the Third Amendment was not a "protected instrument" within the meaning of Probate Code section 21310. 1 Finally, it ordered appellant's removal as trustee, pendente lite, without prejudice to her reinstatement should she prevail at trial on Aviles' petition to invalidate the Third Amendment.

We affirm the order denying the petition to disinherit respondent. The…