Undead disintigrate

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according to the rules (3.5) a lich is immune to anything requiring a fort save, except if it also works on objects

so does the lich get a fort save vs disintigrate or be destroyed? or is it save or take 2d6/level max 40?
Ya know, that's a good question. I'm not sure of the answer myself. A little looking around produces this, under "nonabilities":


Constitution

Any living creature has at least 1 point of Constitution. A creature with no Constitution has no body or no metabolism. It is immune to any effect that requires a Fortitude save unless the effect works on objects or is harmless. The creature is also immune to ability damageability drain, and energy drain, and automatically fails Constitution checks. A creature with no Constitution cannot tire and thus can run indefinitely without tiring (unless the creature’s description says it cannot run).


~bolding mine

Make of it what you will, I suppose.

Neue 
The latter.

Since Disintegrate works on objects, a lich is, simply, not immune to it.  However, a undead creature is still a creature, and therefore a lich would be affected by the spell in the same manner as any creature.  So the lich will get chance to make a fortitude save, take 2d6/CL damage on a failed save, and 5d6 on a successful save.

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Disintegrate works on objects so it will treat the Lich just exactly like it would any other creature.  If it is hit and fails the save that's massive damage while making it will still result in damage.