No. A "lich" is really little more than a construct. The "soul" of the lich is ALWAYS in the phylactery, it is never actually stored in the lich's physical body, so if the lich is destroyed the soul doesn't have a choice as to where it goes, it never left the phylactery. However, lets say the lich cast clone a long time ago *wiggles fingers* when he was still young and alive. If the phylactery was destroyed then yes, the soul would go to the clone (provided it's still preserved somwhere). Quite the demotion for the lich I would think and certainly an interesting concept.