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Podcast Question of the Week






On the latest episode of our new Harry Potter podcast I asked all of you cool listeners out there to tell me about magical inheritance.

Consider the scene of Christmas morning when Harry received the Invisibility Cloak one of his first and most ancient gifts. We know (now) that the mystery gift-giver was none other than Albus Dumbledore.

But did Dumbledore have to give the cloak back to Harry as part of some magical rule? Did James leave it for Harry in his will? If so, how exactly does magical inheritance work, and what indeed do you need to do in the eyes of Wizard Law to possess something to hand down in the first place?

If you have an answer to this question, feel free to comment directly below. Some answers will be read aloud and discussed on episode five of Alohomora!

Transcript


Posted by Noah Fried on June 16 2012 06:08 PM (47 Comments)


Comments
I would assume that Lily and James had a will drawn up for Harry. They were in constant danger as Order members, it was wartime, and they had just brought Harry j to the world. It was likely a very common practice for member of the OotP to draw up wills. I assume that in the will it Yates Harry gets everything they own (the bank vault and gold in Gringotts) and that if they were to both die, Sirius would be Harry's legal guardian.
I believe that technically, Dumbledore was legally bound to give Harry the cloak, but there was no magic to bind him to that duty. He decided to keep the hallow safely in his possession until Harry reentered the wizarding community. Had he left the cloak with him that first night with the Dursleys I could have been discarded, misused, or lost.
We see in DH that there are laws concerning wizarding inheritance. The ministry was allowe thirty days to examine the contents of Dumledores will before executing it's wishes. I am curious as to whether Harry has legal ownership over the property in Godrics Hollow.
- wand_stone_cloak on June 16 2012 06:25 PM



I think Dumbledore gave Harry the Cloak because in the Tale of the Three Brothers, the Cloak is handed down from generation to generation, letting each owner die a natural death. Knowing Dumbledore's familiarity with the Deathly Hallows, he probably felt it was right to continue to pass it down the same line. Also, I'm sure he suspected that Harry would be like his father, what with all the rule-breaking and late-night hall wanderings, so he sort of wanted to help him out with being hidden during these schemes.
- Hippogriff on June 16 2012 06:26 PM



I absolutely agree with that, but Dumbledore would have given Harry the cloak regardless of whether or not it was that particular hallow
- wand_stone_cloak on June 16 2012 06:33 PM



The cloak is passed down father to son, and after a while Harry comes to think of Dumbledore as a father-figure. Could This be foreshadowing Harry's future relationship with Dumbledore?
- FlightQuest91 on June 16 2012 11:29 PM



Perhaps magical inheritance is a sort of charm. When Harry was born, the charm that was put on the cloak by ignotus peverel recognised that Harry was the next descendant born in the family and that he would next have the cloak. Perhaps it was by chance that when James gave the cloak to Dumbledore, Dumbledore was acting as a "surrogate" cloak owner. When Dumbledore felt it was right, he gave the cloak to Harry. This charm could also be applied to the Weasley family, when Molly gave Harry her brother Fabian's watch. We do not know much about Fabian, but we assume he was unmarried and had no children. this means that all his possessions could not be passed on because he had no direct descendants, so the Ministry recognised that Molly was his next of kin and passed his belongings onto him when he died. Molly then acted as a surrogate for his belongings and she could do what she wished with them, so she passed it down to Harry. I think Dumbledore gave the cloak to Harry because he felt obligated to do it. He now knew that he could possess all 3 hallows, so he did not feel like he had to become master of death, so he gave it to Harry. I think objects do have some sort of soul, not like a Horcrux, but more of a Snitch, or a wand type soul. The snitch could sense that Harry was the 'owner' of the snitch because of it's touch, and wands can tell who the owner is by their 'soul'.
- MudbloodAndProud on June 17 2012 03:34 AM



Although wizards consider something they originally 'bought' to belong to them, it may be something to consider that goblins, such as Griphook, have a different idea. He suggested to Bill in Deathly Hallows that the goblin-made tiara rightfully belonged to goblins, but the family have passed it down through the generations. Perhaps this suggests that, although the objects are often passed down, it is not due to a brand of natural magical inheritance, as if it was the wizards and goblins would surely be shown who the rightful owner is, and not be under any misconceptions.
- SlytherinGirl on June 17 2012 08:54 AM



I don't think Dumbledore was magically obligated to give Harry the cloak; I think it was his (Dumbledore's) sense of morality and guilt that spurred him to give it back to Harry. There is a chance, had it been in the house, that the cloak could have saved at least Lily and Harry (they could have hidden under it, and then Lily could have fled on foot or Disapparated). But Dumbledore asked to examine it for the purpose of discovering if it was a Hallow. And when the Potters died, as he says in DH (bitterly, I believe) he had two Hallows to himself! But Dumbledore knows he cannot be trusted with power, which the Hallows would give him, so he gives the cloak back to its rightful owner. I don't know if the Ministry saw the Potters will, if they had one (I'm inclined to think not; they had escaped Voldemort three times, they were trusting the Fidelius Charm, and it just wouldn't be in James' character, to me at least, to believe he needed to be prepared in case he died; he just always seems to think of himself as invincible. And they were only 21, relativally young, and thought it wouldn't happen to them, that they themselves and their friends could keep them safe). Does the Ministry examine every will? I was under the impression that they only did so if they suspected (or said they suspected) something Dark or dangerous to be passed down. In any case, wizarding wills and property seem to have some kind of enchantments on them; we know that 12 Grimmauld Place was supposed to be passed down the Black line, and that it was most likely magically enchanted to do so, but Sirius' will changed this slightly when he left it to Harry (probably because Harry was his godson, so technically, I think, they are related).
- Ali Wood on June 17 2012 03:10 PM



I am wondering if maybe the Potters had to give up certain things when they had to go into hiding. Could Dumbledore, knowing that the cloak was a Hallow, want to keep it not only because he wanted to examine it but to keep it from Voldemort?
- CentaurSeeker121 on June 17 2012 03:44 PM



I believe it was Dumbledore's familiarity with the Hallows that led him to return the Cloak to Harry. As others have stated, Dumbledore knows that the legend of the Cloak says it was passed down in families. Dumbledore would be the one person who would want to preserve that tradition of one of the Hallows.
- Silverdoe25 on June 17 2012 05:53 PM



Ali, I think that if Sirius had a will in the second war, James would have had one before he died. Remember, his parents were already deceased and they had left him a large inheritance. As invincible and immature James often acted, I find it hard to believe he would have not crafted a will with Lily.
Regardless, I doubt the cloak was in the will. I assume that the supposed will was short and sweet: "Sirius gets Harry, Harry gets everything"
- wand_stone_cloak on June 17 2012 09:04 PM



I don't think that James would have put it in the will, because if the Ministry had gotten a hold of it and realized that this was no ordinary invisibility cloak, some questions might have been asked. My guess is that James told Sirius, and then trusted Dumbledore when he borrowed the cloak that he wouldn't let it fall into the wrong hands. I think that Dumbledore gave Harry the cloak mostly because it was his father's, partly because he didn't want to be selfish having another Hallow, and secretly hoping that Harry would figure out the Deathly Hallows when he got older.
- Elphaba26 on June 18 2012 11:57 AM



"But did Dumbledore have to give the cloak back to Harry as part of some magical rule?"

Well there is the guilt that he would have to live with. But I think that there would be some magical inheritance laws that would bind him to give it to harry, but I think that would be after he was 17th because that is when he would be a legally of age, so Dumbledore would not have had to give harry the cloak till he was 17 I think.


"Did James leave it for Harry in his will?"

The cloak, no, because it is such a prized possession, and a Deathly Hallow, some do believe in them and it would not be a good idea to have a chance of people finding out the truth (because that would be chaos). The knowledge of the "Potter" family being on of the Three wizards would not be something you would want to get out. Even putting down just an invisibility cloak would look suspicious because it is stated that invisibility cloaks wear in time, and this one does not that is why it can be passed down, so it would draw suspicion.

Everything else would be left in a will though.



"If so, how exactly does magical inheritance work, and what indeed do you need to do in the eyes of Wizard Law to possess something to hand down in the first place? "


First I have a question are we allowed to used Dumbledore's Will as example or are we suppose to act oblivious to that because we are on book one?

Once I know this I can answer....
- LiveLaughLoveToReadHP on June 18 2012 04:35 PM



My belief is that Dumbledore may not have been legally obligated to pass the Invisibility Cloak on to Harry, unless it was in James' will, but I think that, being one of the Deathly Hallows, it wouldn't have worked properly for Dumbledore because he wasn't the true owner, just as the Elder Wand's greatest scope of power is not unlocked unless the proper "procedure" is followed. The point is made in the books that the cloak is passed down through the generations, and so Harry is the rightful owner; he is the only one that can use it to its full effect.
- vlawinning on June 18 2012 07:26 PM



I believe Magical Inheritance works very similarly to Muggle Inheritance. Not sure about international rules, but here in the states if there is a Last Will and Testament or even a Living Will in place when someone passes away then the items listed by the person as their possessions are passed on to the deceased's surviving family and/or all of those listed in the will as beneficiaries. However, wills whether contested or not are required to go through a period of Probation (or Probate, same thing really) where they are reviewed by the courts to make sure that the items, land, or whatever, that the deceased claims ownership of do, indeed, belong to that person and are legally able to be passed along to the next generation.

As for Wizard inheritance, as we see in the Deathly Hallows, Dumbledore's will undergoes a period of probate so that the Ministry can do exactly what I've already stated. Hermione even questions the ulterior motives behind the length of time tacked on to search for any of Dumbledore's secrets and Scrimgeour dodges her attack and continues reading the will. The sword, you will remember, has been stolen and re-stolen by Bellatrix and Snape and thus cannot be gifted to Harry, and despite Hermione's protestations, I believe that Scrimgeour was right in saying that the Sword was not ever Dumbledore's to give as it is a historical object of some import and more than likely it belonged to the school. Not knowing exactly when or where the sword first presented itself to a worthy Gryffindor, however, it is easy to contest the ownership if Dumbledore had anything to do with the sword being placed within the school as it could be deemed a loan to the school.

With the question of the Hallows, I believe that the Resurrection Stone and Invisibility Cloak provide the most support for a system of orderly ownership. As we are aware, the Resurrection Stone, at some point in history, became the possession of the Gaunt family and it likely was passed down directly from the original Peverell brother through the generations to land on the finger of poor Merope's brother and then end up as a Horcrux for Tom Riddle Jr. While it is unlikely that the stone was ever stolen prior to Tom's visit to Little Hangleton, it is possible, but the fact that the stone as we encounter it passes from father to son, supports the idea that it was bequeathed in wills or left as an inheritance to each successive generation. It is likely that Tom Riddle Jr. would have come into possession of the stone as the last living Gaunt no matter what as he could likely, with the help of a little magic, prove that Merope was his mother. When Dumbledore essentially stole the stone from its hiding place, it did become his possession and thus he was able to conceal it inside something that did indeed belong only to Harry, the Snitch, and hide it from Riddle and the Ministry both until such time as it became useful for Harry to be the Master of all three Hallows.

The Invisibility Cloak is also passed down through successive generations and, despite Dumbledore's long possession of it, it would have definitely belonged to Harry. Whether the Ministry was aware of the fact that Dumbledore possessed the cloak is irrelevant. As the last living Potter, that we know of, he would have been the only heir to any possessions his parents or extended family on his father's side owned.

Even the Elder Wand is subject to an orderly, if violent, inheritance cycle (ignore the reference) as you have to win the wand from its original owner through combat. The wand only changes allegiance through the exchange of great power and when its owner is bested, it recognizes the new power as its master. While not familial inheritance this certainly follows the cycle for the other Hallows and it simply makes sense.
- SpellSword29478 on June 19 2012 02:38 PM



As some others mentioned, I believe that Dumbledore would have given Harry the cloak regardless of whether or not it was a legal obligation. I think that he not only knew that Harry should have it, but that he wanted him to. We learn in Deathly Hallows that Dumbledore has been preparing Harry for his final tasks against Voldemort (i.e., destroying the horcruxes, dying for the cause). I think that he wanted Harry to have the opportunities to venture out, break some rules, and learn through experiences that most rule-abiding students would not have had.

I think that if he had wanted to keep the cloak and felt obligated to give it to Harry, he would have been more bitter or blamed Harry for using it, when we actually see him allow Harry to get away with his mischief. If I remember correctly, I believe he even returns it to Harry at one point after Harry left it behind.

Despite Dumbledore's ambition and love of the Hallows, I think that he learned from a lot of his mistakes.
- TinyEccentric on June 19 2012 08:56 PM



There has been a good amount of speculation about whether or not James left Harry the cloak in his will (which may or may not have existed). It makes me wonder whether or not James knew that his Invisibility Cloak was A Deathly Hallow. Thoughts?
- wand_stone_cloak on June 19 2012 09:41 PM



I think that this cloak had some sort of magical property to it (other than being invisible) that made the next of kin the official owner of the cloak. And with that being the assumption, I wonder if the cloak didn't work at all for Dumbledore. With wands, there is an allegiance to the owner until won by another. The same could be true with such a rare piece of magic that is to be passed on from generation to generation. If it was gifted or "won" from the original owner, then the cloak would work. But if it was stolen or borrow, perhaps the magical properties of the cloak wouldn't work. Making it just a useless cloak to the person who abducted it. And if this is the case, Dumbledore would possibly be better served to "study" the cloaks properties by watching it in action with a young, curious Harry.
- SneakySnape25 on June 19 2012 10:52 PM



I don't think that James knew anything about the Deathly Hallows, let alone that he was in possession of one. If he did, he would have told Sirius, who would have told Harry. Therefore, he would have no problem with passing it along to Harry in his will, and if the Ministry did examine it (let's face it, it probably did), they would see it as a normal cloak. I don't think that the Cloak would have had a "master" like the Wand, because "the wand chooses the wizard" and works best for only that witch/wizard. Besides, if the cloak only worked for its master, Ron and Hermione would have been seen while they accompanied Harry underneath it. Since Dumbledore took the Cloak, the Ministry would have either tracked it down to him, or the more likely scenario, where the Ministry can't find the Cloak and consider it lost. In the first case, Dumbledore would have told the Ministry that under the Statute of Secrecy, he would be unable to give the cloak to Harry until he came to Hogwarts, just in case the young Harry used the cloak irresponsibly. Eventually, Dumbledore gave the cloak to Harry because of guilt. I don't think that there is a sort of magical force that ensures that items specified in a will are passed on, because the Ministry was able to withhold the sword of Gryffindor, even though Dumbledore betrothed it to Harry in his will.
- Nevillelicious on June 20 2012 09:53 AM



Nevillelicious, I agree with everything you said! I was very excited when I first had the thought about James knowing about the cloak being a hallow. In reality, though, there would have been some mention of it in previous books had he known. he would have told his friends who would have passed that information along to Harry.

How well known are the Deathly Hallows? Obviously, every wizard/witch child who grows up in a magical household knows the story of the Three Brothers, but only a handful of people know about the quest for the DH's. Xeno Lovegood, Dumbledore, Grindewald...all rather eccentric characters. I assume that few witches and wizards know this connection to the children's tale. Mr Ollivander, who has studied wandlore for his entire life, doesn't even know about the Hallows, only about the wand itself.
- wand_stone_cloak on June 20 2012 08:53 PM



Xeno Lovegood says in DH "very few wizrards believe". Like Hermione initially, if James, Lily, Sirius and such heard of them, they probably thought it just a rumor, and old wives' tale. You make a good point: it takes a certain kind of wizard to believe such things and go looking for them....
- Ali Wood on June 20 2012 09:25 PM



I agree with you on the Hallows now...that makes since, I never thought of that before.
- LiveLaughLoveToReadHP on June 21 2012 10:41 AM



I never thought about it before, but DD must not have known that James possessed an especially fine Cloak of Invisability. He mentions in passing to Harry that his father used it for mischief, assuming perhaps an ordinary cloak. But I don't think so. Someone like DD who had been obsessed with the Hallows would have likely asked to see it long before if he'd known of it's existence. It would have aroused his curiosity at once as it's appearance is unusual. It would be a simple matter to trace the Potters back to the Peverills. I don't think DD knew about the cloak until quite soon before he took it to examine. That means to me that James kept it a secret except to his friends and Lily, of course. To James it was an item of stealth, an object used to hide rather than protect. I do believe there were wills and James' was probably created after his parents died, but it seems to me we wouldn't find that excellent Cloak in it.
- nana on June 21 2012 12:29 PM



I forgot to add that I think something must have happened at the Potters'. Whether DD saw the Cloak in the house or it was mentioned in conversation that aroused his curiosity. I do find it weird that he asked to borrow it at that crucial time while they were in such danger. But such is obsession. He kept it for 10years and certainly knew by the time he gave it to him, that Harry was the rightful owner of a Hallow. That fact alone likely inspired him to consider Harry's destiny more fully.
- nana on June 21 2012 12:38 PM



I'm pretty sure James told Dumbledore (mentioned in DH, I believe); he was probably trying to let him know that he would/could sneak out of the house from time to time!
- Ali Wood on June 21 2012 01:18 PM



I don't think the cloak was explicitly mentioned in the will (I'm assuming there is one, because James and Lily knew Voldemort was looking for them) because the cloak is extremely rare, and the Ministry might confiscate it. Rather, I think Dumbledore owned the cloak, and decided to give it to Harry, because it was rightfully his, but also to inspire Harry to perhaps learn about the Hallows, so one day Harry might be able to own them, but also use them wisely, like Dumbledore never could.
- Jamie H on June 22 2012 11:53 AM



I don't think the cloak was explicitly mentioned in the will (I'm assuming there is one, because James and Lily knew Voldemort was looking for them) because the cloak is extremely rare, and the Ministry might confiscate it. Rather, I think Dumbledore owned the cloak, and decided to give it to Harry, because it was rightfully his, but also to inspire Harry to perhaps learn about the Hallows, so one day Harry might be able to own them, but also use them wisely, like Dumbledore never could.
- Jamie H on June 22 2012 12:08 PM



With the matter of magical inheritance, I believe that it would be the same as muggle inheritance. Unless expressly mentioned (like in a will), everything goes to the next of kin. The only exception might be that a witch or wizard’s things can’t go to muggle relatives, because of the international statue of secrecy. This might explain why Harry got everything, not Petunia.
If this is the case, then I don’t believe that Dumbledore was required to give the cloak back to Harry. I have always thought that the fact that Dumbledore had James’ cloak was not widely known, even between the Order members. I think that Dumbledore would have felt personally obligated to return the cloak to Harry, especially since he could not return it to James. After all, the cloak had belonged to James, and Dumbledore would have known that the cloak was passed down from father to son. Also, Dumbledore giving Harry the cloak could be seen as Dumbledore somehow welcoming Harry back into the wizarding world with a gift that had once belonged to his father.
Also, on a side note, if the cloak had been in James’ will, wouldn’t the Ministry have wondered where the cloak was? Perhaps Dumbledore could have convinced them that it had been destroyed along with the rest of the Potter’s house? I’m not sure, but I still thing that something as unique as James’ invisibility cloak would have been kept from the Ministry’s knowledge, especially with the threat of Voldemort everywhere.
- AurorOO7 on June 23 2012 01:06 AM



I find the main part of the Minsitry (not all) is just so arrogant let's just face it stupid, that if they even they ever realized that Dumbledore was in possesion of the cloak. They would most likely say regardless whether Harry was living with muggles he'd still need to recieve the cloak after that 30 day period and that Dumbledore is not the MInistry so he does not have the right to confiscate such items in the first place. After that particulary pointless ramble Dumbledore would most likely point out that it wouldn't make sense to give to Harry at that point in time and that he'd give it to him once he was in attendence at Hogwarts. And of course the Ministry would agree because at that point in time what Dumbledore says goes.
- Golden Snidget on June 23 2012 06:23 PM



I think Dumbledore gave Harry the cloak for Christmas because A. It rightfully belonged to Harry. B. Dumbledore realizes what an impact something that belonged to his father would be on Harry. C. Dumbledore is not a jerk :)
- DennisReads on June 24 2012 01:19 AM



I don't think Dumbledore had to give the cloak to Harry because of the law (though we know that wizards do have wills and laws of inheritance from Deathly Hallows), but because he knew that was the right thing to do. Dumbledore initially took the cloak when he was still interested in uniting the hallows, but he explains in the King's Cross scene that he realised he wasn't worthy to do that and he shouldn't be allowed that kind of power. Therefore after realising this I think Dumbledore gives the cloak to Harry because a) it has always passed from parent to child and he knows it's what James would have wanted and b) he hopes that Harry will one day become a person who is worthy to be the master of death.
I also don't think James and Lily would have had a will; most young people don't and during the middle of a war they might have had more important things to think about. Harry probably inherited all the money automatically as he would have been the next of kin.
- starry-eyes on June 24 2012 07:46 AM



I think there are several components to the question of magical inheritance.

1) The legal perspective - As many have discussed, it appears the legal layout is similar to muggle inheritance as evidenced in Dumbledore's will and the review period of items. I do believe you have to be the magical adult age of 17 to receive items which is why Harry doesn't receive items from his parents' vault.

2) I definitely think Lily and James had a will. I believe evidence of this was Hagrid having the key to James and Lily's vault along with Hagrid's comment to Harry along the lines of, "Do you think your parents left you with nothing?' and the shock Hagrid seemed to have in regards to it.

3) James knowing the cloak was a deathly hallow...No, I do not believe James knew it was a deathly hallow. If he did, I don't think he would have lent it to Dumbledore. While he was reckless, I believe he would have held on to it for Lily and Harry. Based on this, I believe it was listed in in their will as simply invisibility cloak, but I think it was assumed it was destroyed during the attack.

4) I feel Dumbledore gave the cloak to Harry out of his own sense of moral obligation as opposed to the law. I don't think anyone knew he had it.
- OwlSnitch5132 on June 24 2012 10:51 AM



In my opinion, we have 4 major things about the cloak that made Dumbledore not think twice:

1) Dumbledore said in the chapter "King's Cross" that Harry was the cloak's true master, so it wouldn't work with him as it does with Harry.

2) Dumbledore wouldn't want to stop the "cycle" made by Ignotus' descendants.

3) Dumbledore knew James personally, and knew that he wanted to give it to his son.

4) And of course, Harry had the right to have it for his own.
- EdwardWeasley on June 25 2012 10:15 PM



I would have to assume Lily and James wrote a will, but infact I do not believe they left the cloak to him in the will. I think it seems more logical that they would have given it to an order member to give to Harry, or directly to Dumbledore to give to Harry. I don't think James would have risked putting it in his will and just keeping it around the house for the ministry to give to Harry after they died. I think he would have been more careful, and not risked letting the ministry find out it was The Cloak of Invisibility from the Deathly Hallows. I feel the Ministry would have confiscated it and not given it to Harry.

I also believe to pass something down through a will in the magical world isn't very hard, unless it is an extremely rare item such as a fabled cloak, or perhaps a rare sword. ;) To summarize what I mean is, I don't think the ministry would require you have a receipt to pass down an old family remembrall or something.
- Dobby101 on June 26 2012 12:03 AM



Yes, I do think that there is a tie between a item and the person it was left in a wizarding will. But the thing that awakens my curiosity is that it appears that there is not a deadline to which the item has to be given to its rightful owner. As we see with the invisibility cloak, dunbledore had it for 10 years before he gave it to Harry. Maybe those years before hog warts did not count because Harry was not even aware of being a wizard or the world. Anyone else have any opinions on that part of the topic?
- Rose Weasley on June 26 2012 08:55 AM



I think it's more of an honor bound thing. He was friends will Lily and James, and he would feel terrible know he held the only possession of theirs that Harry had. I think that there was a will, but considering the way that they died, and who was after them, I think James probably left the cloak out because of the questions it would have caused. Looking at it too close would reveal, to any wizard knowing about the normal standards of a cloak would be able to tell that it was different from other cloaks. So, I would say that it was left out of the will
- killey2011 on June 30 2012 08:49 AM



Dumbledore probably gave the cloak back to Harry because James left it to him in a will. However, I also think he gave it to Harry because he knew that keeping such a powerful object around (because of his power-hungry tendencies) was dangerous. Dumbledore knows himself too well to take such a risk.
I would think magical inheritance works a lot like Muggle inheritance, with wills and heirs and all that, except that the Ministry examines wills. The Ministry probably assumed that James' cloak was a regular Invisibility Cloak with a charm or made of Demiguise hair, and therefore didn't see it as dangerous. Dumbledore was allowed to keep it and pass it on because at this point, he is still "Dumbledore-the-great-and-wise" and not "Dumbledore-who's-trying-to-topple-the-Ministry" like he becomes later.
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