Quote Originally Posted by Mojotech View Post
I don't see why a lich wouldn't make a new phylactery so long as he had a way of retrieving some of his soul, but that's all I'll say on that.

As a DM I'd simply rule it renders the item useless anyway, much as it would for anything else. It'd be a great way to do it assuming the lich had it heavily guarded and trapped (Like, covered in forbidden scripts, various "Symbols of save or die", under a prismatic sphere...), or if you just wanted to be spectacular.
WotC Sage or the FAQ stated the Lich can't make a new one: I beliegve because the book says "A" phylactery. A singnifies single one I read.