Wayne
Although it may work, I would avoid anything that is specified as illegal (even if it may 'just' reduce the life time slightly).
You could add another long word to your message header (just when saving to Flash) and use that for marking the message state to avoid the present risk.
Note that doing 'illegal' things may work fine but then fail when there is a silicon revision - for example, some fo the newer devices will not allow the Flash phrase to be read (always generating a hardware fault) when a phrase has been programmed twice; this requires the chip to be erased before the Flash can be accessed again and thus a temporary (complete) failure of the product. I don't know whether this started from rev. 2 devices or only happens on 8 byte phrase devices but it could cause big problems in the future if you were to receive chips that behaved differently; avoiding doing things that are out of specification will thus also "future-proof" your product.
Regards
Mark