While this change itself is being discussed here, I want to specifically look at the differences between divine and arcane spell casters, and how hard to kill affects the divine spell caster in a much more significant way."Epic monsters on hard and elite are now resistant against death if their CR is above 20. This ward is called “hard to kill” and acts as a death ward until the targets hps drops below 50% which removes the ward. The ward doesn’t restore after the monster heals."
Let us imagine a situation where a wizard or sorcerer is part of a group. They are working together to clear a dungeon and they come upon a group of 10 enemies. Some casters, some melees, some non-intelligent non-humanoids. In live the arcane might throw a circle of death, or wail, if off timer. Each of these creatures, if not death warded, would need to make a spell pen check and a save. Any that failed both would be killed instantly. Any that saved could be re-targeted with their other AOE insta-kill shortly thereafter, as they both have a cool down of 30 seconds. If used alternatingly this means a mass insta-kill every 15 seconds.
On live, this situation would function very similarly for a divine caster, but not nearly as powerful. With only one mass insta-kill spell with a 60 second timer, divine casters already have one quarter the effectiveness of their arcane breatheren. Frustrating, but accepted, since they are powerful in other ways. They might not be able to kill all 10, as implode doesn't attack all targets at once, but cycles through one at a time, until the duration is up, but they might be able to target 6 of them.
In the proposed scheme though, the gap between arcane and divine grows even further (as if being 4 times more powerful wasn't enough...). The reason for this is the difference between how wail/CoD target versus implode.
In the same situation lets say 7 of the 10 mobs are below 50% health, due to either melees or caster AOE damage. This might be a good time for a wail, so that everybody can focus on the remaining mobs. The arcane caster goes in, and is able to kill 7 of the 10 mobs (assuming they fail their saves).
However, in this same situation, the divine does not have the same flexibility to use implode. You see, implode does not attack all targets at once, like wait and circle, it instead targets one at a time. It does not distinguish between killable and non-killable targets, which is a major failing. If three of the 10 mobs are above 50% health, there is a 30% chance that implode will target one of these mobs first, and continue to attempt to kill the unkillable target, until the spell is over, rendering it completely ineffective.
This already makes implode very tough for divine casters to use in epics like chrono, where there are lots of orange named devils and abishai around, because of the high likelihood that it will get "stuck" on one of these targets. With this new change it means that no divine will be able to effectively use implode if there is even a single target within range with more than 50% health.
I propose that the single target kills, finger, destruction, PK, PWK and slay living are not particularly overpowered. They are useful for picking off mobs at a distance that present a significant threat to the party, and due to their single target nature and cooldowns, have a small effect on the overall "kill rate". Implode is similarly balanced, due to its extensive cooldown, and 1-at-a-time targeting that prevents you from killing mass groups of enemies.
The main spells causing issue in epics at the moment are wail of the banshee, and circle of death. Yet this proposed change does not single out these spells. It punishes all insta-kills with these blanket immunities. It provides no scaling, such that a higher level better equipped caster might have a better chance that a first life caster. I simply destroys one aspect of these classes entirely. It reduces versatility and flexibility, and it does so SIGNIFICANTLY MORE for a group that was already leaps and bounds behind their arcane counterparts in terms of offensive casting flexibility and insta-kill power.