Quote Originally Posted by holywhippet View Post
I've always wondered if that is meant to be up to the DM to decide or not. I suspect that the D&D designers expected that the players would have to defeat the lich before seeking out it's phylactory. However, the rules do say that the phylactory contains the life force of the lich so could be assumed that the soul of the lich is always there and that the body is remote controlled from it.
It's fairly clear that, in this comic, his soul is in his body at all times. While I can't guarantee it (only The Giant can), the circumstantial evidence (his soul speaking from his Phylactery only when he lost his body despite the fact it would be really useful in other situations his body was alive) seems to point towards the Phylactery being a new resting place for his soul after his body is crushed.